특정경제범죄가중처벌등에관한법률위반(수재등)
The appeal is dismissed.
The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal not timely filed).
Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the preparation of evidence and the probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). The lower court, on the grounds stated in its reasoning, may recognize the fact that the Defendant received money and valuables in relation to his duties as an employee of a financial institution.
Based on the judgment, we did not accept the allegation of the grounds for appeal as to mistake of facts and misunderstanding of legal principles.
The allegation in the grounds of appeal is the purport of disputing the determination of facts by the lower court, which is the basis of the aforementioned determination by the lower court. It is nothing more than an error of misapprehending the legal doctrine on the selection and probative value of evidence belonging to the lower court’s free judgment. Furthermore, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine, the relevant legal doctrine as indicated in the lower judgment, and the evidence duly admitted, the lower court did not err by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the relationship with the statutes and duties
In addition, pursuant to 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 not less than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.