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(영문) 대법원 2018.04.12 2017도19937
뇌물수수
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the preparation of evidence and the probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). For the reasons stated in its reasoning, the lower court, recognizing the guilty of the facts charged in the instant case, recognized the first instance judgment that did not admit the Defendant’s assertion that there was a mistake of facts or misapprehension of the legal doctrine, and rejected the Defendant’s allegation on the grounds of appeal as to

The allegation in the grounds of appeal disputing the determination of the lower court is merely an error of the lower court’s determination on the selection and probative value of evidence, which actually belongs to the free judgment of the fact-finding court. While examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err by exceeding the bounds of free evaluation of evidence, contrary to what is alleged in the grounds of appeal, by exceeding the bounds of logical and empirical rules, or by misapprehending the legal doctrine on the credibility of the statement made by the provider of money

In addition, pursuant to 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 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 a more minor sentence has been imposed on the defendant, the argument that the sentence is too unreasonable is not a legitimate ground for appeal

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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