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(영문) 대법원 2017.07.11 2017도6545
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the grounds of Defendant B’s appeal in light of the relevant legal principles and the evidence duly admitted, the lower court was justifiable to have found Defendant B guilty of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) among the facts charged in the instant case on the grounds stated in its reasoning, and to maintain the first instance judgment that collected KRW 81 million from Defendant B.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on additional collection.

2. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for appeal by Defendant C, only in the case where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been pronounced, an appeal based on unfair sentencing is allowed. Thus, the argument that the amount of punishment is unfair in the instant case where a more minor sentence has been imposed against the Defendant does not constitute a legitimate

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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