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(영문) 대법원 2016.01.14 2015도2743
특정경제범죄가중처벌등에관한법률위반(수재등)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of the prosecutor’s appeal, the lower court upheld the first instance judgment that acquitted the Defendants on the ground that there was no proof of the crime as to the facts charged in the instant case against Defendant A, among the facts charged in the instant case, as stated in its reasoning, on the grounds that there was no proof of the crime.

In light of the record, the lower court did not err by misapprehending the legal doctrine on the probative value of confession or misapprehending the logical and empirical rules, contrary to what is alleged in the grounds of appeal.

On the other hand, the prosecutor appealed the remaining guilty portion of the judgment of the court below, but there is no indication of the grounds for appeal in the petition of appeal and there is no indication of the grounds for appeal in the petition of appeal.

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

In such a case, a new argument that there is an error of misunderstanding of facts or misunderstanding of legal principles is not a legitimate ground for 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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