특정범죄가중처벌등에관한법률위반(뇌물)
The appeal is dismissed.
The grounds of appeal are examined (to the extent of supplement in case of applications filed following the deadline for appeal not timely filed).
The lower court upheld the first instance judgment that found the Defendant guilty of the facts charged of the instant case.
The judgment below
Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the determination of the bribe of the money and valuables received.
The allegation that the lower court erred by misapprehending the legal doctrine in determining sentencing constitutes an unfair argument in sentencing.
According to Article 383 (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 declared, an appeal can be filed on the grounds of unfair sentencing.
Therefore, the argument that sentencing 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.