logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2014.08.20 2014도1220
특정경제범죄가중처벌등에관한법률위반(알선수재)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to Defendant A’s grounds of appeal in light of the evidence duly admitted by the lower court and the first instance court, the lower court’s determination that Defendant A was guilty of the facts charged in this case on the grounds stated in its reasoning is justifiable. In so doing, contrary to what is alleged in the grounds of appeal, there were no errors of violating the logical and empirical rules

2. Examining the reasoning of the lower judgment on Defendant B’s grounds of appeal in light of the evidence duly admitted by the lower court and the first instance court, the lower court is justifiable to have found Defendant B guilty on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by failing to exhaust all necessary deliberations, thereby exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules and by misapprehending the legal doctrine on good offices and collection in the crime of violating the Act on the Aggravated Punishment, etc. of Specific

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 not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a fine is imposed on Defendant B, the argument that the amount of punishment is unreasonable

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

arrow