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(영문) 대법원 2013.12.26 2013도11536
특정범죄가중처벌등에관한법률위반(알선수재)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate brief filed by Defendant A after the deadline).

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, it is justifiable for the court below to find that the modified charges of this case against the Defendants were guilty on the grounds stated in its reasoning, and to additionally collect KRW 290,1250,000 from Defendant A and KRW 192,000 from Defendant C, respectively.

Contrary to the allegations in the grounds of appeal, there were errors by exceeding the bounds of the principle of free evaluation of evidence and exceeding the bounds of logical and empirical rules, or by misapprehending the legal principles

subsection (b) of this section.

Meanwhile, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years is pronounced.

In this case where a minor punishment is imposed, Defendant A and B’s assertion to the effect that the amount of punishment is unreasonable is not a legitimate ground for appeal.

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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