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(영문) 대법원 2017.04.27 2017도2901
특정범죄가중처벌등에관한법률위반(뇌물)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to Defendant A and B’s grounds for appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found Defendant A and B guilty of this case’s facts charged (excluding the part on which the Defendant was acquitted) on the grounds indicated in its reasoning. In so doing, the lower court did not err by misapprehending the legal doctrine on the identity of the facts charged, modification of indictment procedures, abuse of public prosecution rights, unlawful solicitation of the crime of offering a third party bribe, calculation of the amount of the accepted bribery, and binding force of the judgment on the refund, etc., by failing to exhaust all necessary deliberations as alleged in the grounds of appeal.

2. As to the grounds of appeal by Defendant C, the argument that the lower court exceeded the inherent limits of the principle of balance of punishment and the principle of responsibility in determining the sentencing, and thereby deviates from and abused discretion in sentencing constitutes an unfair argument in sentencing.

Therefore, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, an appeal is permitted for the wrongful grounds for sentencing. As such, the argument that the determination of punishment is unfair in this case where Defendant C was sentenced to minor punishment 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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