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(영문) 대법원 2017.03.16 2016도21383
특정범죄가중처벌등에관한법률위반(뇌물)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. According to the records on the grounds of Defendant A’s appeal, Defendant A appealed against the judgment of the first instance, and asserted misunderstanding of facts or misunderstanding of legal principles as well as unfair sentencing on the grounds of appeal, but remanded the case at the 8th trial date of the lower court, and thereafter, Defendant A withdrawn all the remaining grounds of appeal except mistake of facts or misunderstanding of legal principles as to fraud and occupational breach of trust and unfair sentencing.

In such a case, the argument that the lower court erred by misapprehending the legal principles on the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) and the crime of acceptance of a third-party bribe, or by misapprehending the legal principles, is a ground for appeal, or that the lower court did not consider it as an object of judgment ex officio, and thus, is not a legitimate ground for

In addition, 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 imposed, a final appeal shall be allowed on the grounds of unfair sentencing.

Defendant

In this case where a more minor punishment is imposed against A, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

2. Examining the evidence duly adopted and examined by the lower court and the first instance court on the grounds of Defendant B’s appeal, the lower court’s determination that the Defendant B was guilty of all third party bribery and bribery charges against Defendant B on the grounds stated in its reasoning is justifiable.

In doing so, there were no errors by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the receipt of a third party bribe, the establishment of a crime of accepting a bribe, the number of crimes of accepting a bribe, and the collection

In addition, according to Article 383 (4) of the Criminal Procedure Act, death penalty, life imprisonment, or not less than ten years.

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