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(영문) 대법원 2018.06.12 2015도12648
뇌물수수등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the grounds of Defendant B’s appeal in light of the evidence duly admitted, the lower court’s judgment that found Defendant B guilty on the facts charged against Defendant B (excluding the part not guilty of the reasoning) on the grounds indicated in its reasoning

In doing so, the lower court did not err by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the duty relevance in the crime

2. Examining the reasoning of the lower judgment on the grounds of Defendant D’s appeal in light of the evidence duly admitted, the lower court’s judgment that found Defendant D guilty on the facts charged against Defendant D (excluding the part not guilty of the grounds for appeal) for reasons indicated in its reasoning is justifiable

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles as to bribe and the principal offender in the crime of acceptance

According to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is permitted only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is pronounced. Thus, in this case where a minor sentence is imposed against Defendant D, the argument that the amount of the sentence is unfair is not a legitimate ground for appeal.

3. Examining the reasoning of the lower judgment on the grounds of Defendant E’s appeal in light of the evidence duly admitted, the lower court is justifiable to have determined that the lower court convicted Defendant E of the charge of accepting bribe (excluding the part not guilty of the grounds for appeal) among the facts charged against Defendant E,

In doing so, the court below did not exhaust all necessary deliberations, as alleged in the grounds of appeal, and did not err by exceeding the bounds of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on the relevance of duties in the crime of bribery.

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