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(영문) 대법원 2014.02.13 2013도15900

특정경제범죄가중처벌등에관한법률위반(수재등)

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 court below, it is just for the court below to maintain the judgment of the court of first instance which collected KRW 500 million from the defendant on the grounds as stated in its reasoning, and contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence

Meanwhile, in the grounds of appeal, the argument of mistake of facts or incomplete deliberation concerning the sentencing conditions is ultimately an assertion of unfair sentencing. According to Article 383 subparag. 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment with or without labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in the case where a more minor sentence has been imposed against the defendant, the argument that the sentencing of the

In addition, it does not constitute a legitimate ground of appeal as stipulated in Article 383 of the Criminal Procedure Act to the effect that the working standards for the execution of a sentence that restricts parole if the surcharge is unpaid.

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