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(영문) 대법원 2016.05.27 2015도19922
뇌물공여등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to Defendant A’s grounds for appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable in finding Defendant A guilty of violating the Mountainous Districts Management Act among the facts charged in the instant case on the grounds stated in its reasoning, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of free

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 more than ten years has been 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 fine is imposed against the defendant.

2. Examining the reasoning of the prosecutor’s appeal in light of the record, the lower court’s judgment that found the Defendants guilty on the ground that the Defendants constituted a case where there is no evidence of crime regarding the delivery of bribe, the occupation of acceptance of bribe, and the abandonment of duties among the facts charged in the instant case, is justifiable to reverse the judgment of the first instance court

Contrary to the allegations in the grounds of appeal, the appeal did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

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

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