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(영문) 대법원 2019.08.30 2019도7822
특정경제범죄가중처벌등에관한법률위반(수재등)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The lower court found Defendant A guilty of the facts charged on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the act of breach of trust, intent of breach of trust, and principle of no accusation.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

2. The lower court found Defendant B guilty of the facts charged regarding Defendant B on the grounds as stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

3. 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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