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(영문) 대법원 2017.06.15 2017도4813

특정범죄가중처벌등에관한법률위반(뇌물)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal not timely filed).

The judgment below

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court and the lower court, the lower court’s determination that the instant facts charged were guilty on the grounds stated in its reasoning is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the crime of violating the Act

Meanwhile, the argument that the court below erred in the misapprehension of legal principles as to the subject of bribery is not a legitimate ground for appeal, since the defendant's ground for appeal or the court below's decision did not have any such ground for appeal.

In addition, the argument that the judgment of the court below erred by deviating from the inherent limit of sentencing discretion is ultimately an unfair argument of sentencing.

Therefore, under Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in the instant case where a minor sentence has been imposed against the Defendant, the allegation that the amount of the punishment is unfair does not constitute legitimate grounds for

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