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(영문) 대법원 2016.08.24 2016도8027

사기등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of Defendant A’s appeal in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have determined that Defendant A was guilty of giving a bribe among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, the lower court did not err by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, or by exceeding the bounds of the principle

In addition, the argument that the judgment of the court below erred by exceeding the inherent limit of the amount of punishment due to the lack of deliberation on the circumstances is ultimately an unfair argument for sentencing.

Therefore, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, an appeal is permitted for the wrongful grounds for sentencing. As such, the argument that the determination of a sentence is unfair is not a legitimate ground for appeal in this case where a minor sentence has been imposed against the defendant.

2. According to the records on Defendant C’s grounds of appeal, the Defendant did not submit a written grounds of appeal within the submission period of the written grounds of appeal, and the Defendant did not assert specific grounds even in the written grounds of appeal and submitted legitimate grounds of appeal

shall not be deemed to exist.

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