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(영문) 대법원 2013.09.26 2013도8120
특정범죄가중처벌등에관한법률위반(뇌물)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the Defendant B’s grounds of appeal, the lower court determined that the instant facts charged against Defendant B were guilty, and rejected the Defendant’s assertion of mistake of facts and misapprehension of legal principles against this issue.

The judgment below

Examining the reasoning of the lower judgment in light of the relevant legal doctrine and the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of logic and experience and the free evaluation of evidence, contrary to what is alleged in the grounds of appeal, or by misapprehending the legal doctrine on the legal fiction of public officials by union officers under Article 84 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents or the legal doctrine on duties

2. Examining the reasoning of the lower judgment on Defendant A’s grounds of appeal in light of the evidence duly admitted, the lower court did not err by exceeding the bounds of the logical and empirical rules and the principle of free evaluation of evidence, contrary to what is alleged in the grounds of appeal, or by exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal doctrine on job relationship and intention in the crime of bribery, or failing to exhaust all necessary deliberations

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed may be appealed on the grounds of unfair sentencing. Thus, in this case where the above defendant was sentenced to a more minor sentence, the argument that the sentence of the court below is too unreasonable is

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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