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(영문) 대법원 2018.02.28 2017도20807
특정경제범죄가중처벌등에관한법률위반(수재등)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of the prosecutor’s appeal, the lower court acquitted the Defendants on the ground that the Defendants constituted a case where there was no proof of crime regarding the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (such as Acceptance of Money and Valuables) among the facts charged in the instant case, regarding the demand for money and valuables related to the above duties and the promise to receive money among the facts charged in the instant case against Defendant A.

Even in light of the record, the lower court did not err by misapprehending the legal doctrine regarding the elements for establishing the crime of violating the above Act, or by violating the rules of evidence.

On the other hand, the prosecutor appealed the entire judgment of the court below, but the guilty part does not state the reasons in the petition of appeal and does not state the reasons for appeal.

2. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for Defendant A’s appeal, only in the case where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is pronounced, an appeal for the reason of sentencing is allowed, and thus, in the instant case where Defendant A was sentenced to a more minor sentence, the argument that Defendant A’s punishment is too unfair due to the lack of sentence, is not

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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