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(영문) 대법원 2017.07.18 2017도7704

특정범죄가중처벌등에관한법률위반(알선수재)

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, the court below was just in maintaining the judgment of the court of first instance that found the defendant guilty of the facts charged in this case on the grounds as stated in its reasoning, and there was no error of law by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, thereby exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules.

In addition, even if the record is examined, the defendant's defense was infringed in the trial procedure of the court below as alleged in the grounds of appeal.

No reasonable ground is found.

Meanwhile, under Article 383 subparag. 4 of the Criminal Procedure Act, an appeal may be filed only for a case on which death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed. Thus, in the instant case where a more minor sentence has been imposed against the Defendant, the argument that the Defendant’s 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.