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(영문) 대법원 2015.11.26 2015도13426
뇌물수수
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the court of first instance, the court below was just in maintaining the judgment of the court of first instance ordering collection of KRW 10,448,000 against the defendant on the grounds stated in its reasoning, and there was no error of law by misapprehending the legal principles as to collection, contrary to what is alleged in the ground of appeal.

In addition, according to the records, the defendant appealed against the judgment of the first instance, and argued misunderstanding of facts or misunderstanding of legal principles as the grounds for appeal along with unfair sentencing, but withdrawn the grounds for appeal concerning mistake of facts on the first trial date of the original instance

In such a case, the argument that there is an error of mistake in the judgment of the court below shall not be a legitimate ground for appeal.

In addition, pursuant 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 has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the

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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