2017Do7704 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Good Offices and Bribe)

A person shall be appointed.

Defendant

Attorney W (Korean National Assembly Line)

Law Firm F

Attorney AM, G, AX

Seoul High Court Decision 2016No3589 Decided May 17, 2017

July 18, 2017

The appeal is dismissed.

The grounds of appeal are examined.

Examining the reasoning of the judgment below in light of the evidence duly admitted, the court below was just in maintaining the judgment of the court of first instance that found the defendant guilty of the facts charged in this case on the grounds as stated in its reasoning, and there was no error of law by failing to exhaust all necessary deliberations and by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

In addition, even if the record is examined, there is no reason to believe that the defendant's defense was infringed in the trial procedure by the court below, as otherwise alleged in the grounds of appeal.

Meanwhile, under Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is allowed only for a case on which death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, and thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentence is too unreasonable cannot be

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

Justices Kim Chang-suk

Justices Go Young-young

Justices Cho Jong-hee

Justices Park Sang-ok