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(영문) 대법원 2019.05.30 2019도2988

뇌물공여

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the relevant legal principles and evidence duly admitted, the lower court is justifiable to have convicted the Defendant of the charge (excluding the part not guilty) on the grounds stated in its reasoning.

There is no error of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or of misapprehending the legal principles on abuse of power of prosecution, prohibition of double punishment, illegally collected evidence, and concept of bribe.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is 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.