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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. Examining the evidence duly admitted and examined by the court below and the first instance court as to Defendant A’s grounds of appeal, the court below is justified in finding the Defendant guilty of both the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) and the acceptance of bribe among the facts charged in the instant case on the grounds stated in its reasoning.
There is no violation of the bounds of the principle of free evaluation of evidence against logical and empirical rules, or of the principle of presumption of innocence and the principle of strict proof under the Criminal Procedure Act.
In addition, the argument that the court below erred in the violation of the principle of proportionality under the Constitution in determining the punishment against the defendant constitutes the argument of unfair sentencing.
However, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the punishment
2. Defendant C’s ground of appeal contains an error of law by misunderstanding the fact about the degree of Defendant’s participation, and thus determining the Defendant’s punishment heavier than that of the Defendant, constitutes an allegation of unfair sentencing.
However, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the punishment
3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.