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(영문) 대법원 2018.10.25 2018도12313

뇌물수수

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found the Defendant guilty of the instant charges.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on specific facts charged and the crime of accepting bribe.

According to Article 383 (4) of the Criminal Procedure Act, an appeal on the grounds of an unfair sentencing shall be allowed only when the death penalty or imprisonment with or without prison labor for an indefinite term or for not less than ten years is pronounced.

In this case where a more minor sentence is imposed against the defendant, the argument that punishment is too unreasonable is not a legitimate ground for appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.