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(영문) 대법원 2016.03.24 2016도780
뇌물수수
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of Defendant A’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 A was guilty of all of the facts charged in the instant case on the grounds stated in its reasoning. In so doing, the lower court did not err by misapprehending the legal doctrine regarding the fact that the lower court exceeded the bounds of free evaluation of evidence against logical and empirical rules, or by misapprehending the relevant legal doctrine

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 is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a minor sentence is imposed against Defendant A, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

2. According to the records on the grounds of Defendant C’s appeal, the Defendant appealed against the judgment of the first instance and asserted only unfair sentencing on the grounds of appeal.

In such a case, the allegation that the lower court erred by mistake of facts or by misapprehending the legal doctrine is not a legitimate ground for appeal.

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, a final appeal may be filed on the grounds of unfair sentencing. As such, in this case where Defendant C was sentenced to a minor punishment, the argument that the amount of punishment is unfair is not legitimate grounds for final appeal

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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