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(영문) 대법원 2014.09.26 2014도9238
특정범죄가중처벌등에관한법률위반(뇌물)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the judgment below in light of the evidence duly admitted by the court below, the court below is just in finding that the amount of money listed in 1, 2, 4, and 7 Nos. 1, 2, 4, and 7 of the List of Crimes in the judgment of the court of first instance among the facts charged of this case constitutes a bribe and guilty of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery). There is no error of law by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the degree of proof required

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may only be filed where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been sentenced. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the sentence

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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