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(영문) 대법원 2018.05.15 2017도6276
공갈미수등
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 by Defendant C’s defense counsel).

1. Examining the reasoning of Defendant C’s appeal in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have determined that Defendant C was guilty of attempted crimes of robbery among the charges of this case against the Defendant on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, 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

In addition, the argument that the court below erred in the misapprehension of legal principles as to the acceptance of bribe among the facts charged in this case against the above defendant is not a legitimate ground for appeal since the above defendant's ground for appeal or the court below did not consider it as a subject of judgment ex officio.

2. According to the records on the grounds of Defendant D’s appeal, the above Defendant appealed against the judgment of the first instance, and asserted that the sentencing was erroneous or misunderstanding of legal principles on the grounds of appeal, but withdrawn the remaining grounds of appeal except the unfair sentencing on the first trial date of the lower court.

In such a case, the argument that the lower court erred in the misapprehension of the rules of evidence, mistake of facts, or misunderstanding of the legal principles is not a legitimate ground for appeal.

In addition, the argument that the judgment of the court below is erroneous in the deliberation of sentencing conditions is ultimately unfair.

In that sense, only in a case where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is pronounced, an appeal may be filed on the grounds of unfair sentencing. Thus, the above defendant is sentenced to more minor punishment.

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