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(영문) 대법원 2013.06.13 2012도15169
뇌물공여등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to Defendant A’s grounds of appeal on the grounds of unfair sentencing under Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing may be filed only where the court below rendered a sentence of death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years. Thus, the argument that the Defendant’s punishment is excessively unreasonable is not legitimate grounds of appeal.

2. Examining the reasoning of the lower judgment as to Defendant AF’s ground of appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found Defendant AF guilty of the instant facts charged on the grounds stated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence and exceeding the bounds of logical and empirical rules, or by misapprehending

3. 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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