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(영문) 대법원 2019.07.11 2019도5968
특정범죄가중처벌등에관한법률위반(뇌물)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by Defendant A, the lower court found Defendant A guilty of obstruction of the performance of official duties by fraudulent means among the facts charged against Defendant A, on the grounds as stated

The judgment below

Examining the reasoning in light of the relevant legal principles and the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on intentional act and deceptive scheme in the crime of obstruction of performance of deceptive scheme.

2. As to the Defendant C’s grounds of appeal, the lower court convicted Defendant C of the facts charged, on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

3. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to Defendant D’s grounds of appeal, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten

Defendant

In this case where a minor sentence is imposed against D, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

4. 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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