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(영문) 대법원 2014.09.04 2014도7716
제3자뇌물취득등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate brief and supplementary appellate brief filed after the expiration of the submission period).

Examining the reasoning of the lower judgment and the evidence duly admitted and examined by the first instance court, the lower court is justifiable to have found the Defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts charged in the instant case on the grounds stated in its reasoning.

There is no error of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or of misunderstanding the legal principles on the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes

In addition, the argument that the court below erred in violation of the principle of balanced punishment, the principle of responsibility, and the principle of equality in sentencing by failing to exhaust all necessary deliberations on the conditions of sentencing is ultimately an allegation of unfair sentencing.

However, according to Article 383 subparag. 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 sentenced. Thus, the above assertion in this case where the defendant was sentenced to a more minor punishment is not a

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

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