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(영문) 대법원 2014.06.12 2014도4499
뇌물수수
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records as to Defendant A’s grounds of appeal, the above Defendant appealed against the judgment of the first instance, and asserted only unfair sentencing as the grounds of appeal.

In such a case, the argument that the lower court erred by mistake of facts or by misapprehending the legal principles cannot be a legitimate ground for appeal.

In addition, the argument that the sentencing of the court below violates the principle of equity and prohibition of excessive punishment is ultimately an unfair sentencing argument. According to Article 383 subparagraph 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years is imposed, an appeal on the ground of unfair sentencing is allowed. Thus, the above argument to the above purport is not a legitimate ground for appeal in this case where the defendant was sentenced

2. As to Defendant B’s appeal, the above Defendant did not submit an appellate brief within the statutory period, and the appellate brief does not indicate the grounds 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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