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All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. Examining the reasoning of the lower judgment in light of the relevant legal principles and the evidence duly admitted, it is justifiable for the lower court to have found the Defendant guilty of the charge of bribery to a third party against H among the facts charged in the instant case and violation of the Political Fund Act on the grounds stated in its reasoning.
In doing so, the lower court did not err by exceeding the bounds of free evaluation due to violation of logical and empirical rules, or by misapprehending the legal doctrine on the crime of accepting a third party bribe and the crime of violating the Political Fund Act due to a false receipt of political funds.
2. On the grounds of the prosecutor’s appeal, the lower court upheld the first instance judgment that acquitted the public prosecutor on the ground that the charge of bribery to a third party against F among the facts charged in the instant case constituted a case where there is no proof of a crime.
The judgment below
Examining the reasoning in light of the relevant legal principles and records, the lower court’s determination is justifiable.
In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on unlawful solicitation in the crime of accepting a third party bribe.
In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.
3. All appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.