logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2013.06.27 2013도4854
특정경제범죄가중처벌등에관한법률위반(수재등)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below and the relevant legal principles, it is just to find the court below guilty of each of the facts charged in this case on the grounds as stated in its reasoning. There is no error of law by exceeding the bounds of the principle of logic and experience and the free evaluation of evidence, or by exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal principles as to job relationship

In addition, the argument that the court below exceeded the limit of sentencing discretion by violating the principle of balance between crimes and the principle of responsibility in the determination of punishment against the defendant is ultimately an allegation of unfair sentencing. According to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing can only be made in cases where the court below rendered a sentence of death, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years. Thus, in this case where the court rendered a more minor sentence against the defendant, the argument that

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

arrow