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Cases
A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery)
(b) Violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment.
Defendant
A person shall be appointed.
Appellant
Defendant and Prosecutor
Defense Counsel
Attorney C,O Q
Judgment of the lower court
Daegu High Court Decision 2016No69 decided June 16, 201
Imposition of Judgment
October 13, 2016
Text
All appeals are dismissed.
Reasons
The grounds of appeal are examined.
1. Although examining the Defendant’s grounds of appeal (to the extent of supplement in case of supplemental appellate briefs not timely filed, to the extent of supplement in case of supplemental appellate briefs not timely filed), the lower court did not err by misapprehending the relevant legal principles and evidence, or by misapprehending the legal principles on the duty relationship, consideration, and concealment of criminal proceeds in the crime of bribery, contrary to what is alleged in the grounds of appeal.
Meanwhile, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without 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 minor sentence has been imposed on the defendant, the argument that the amount of punishment is unreasonable is not a legitimate
2. As to the grounds of appeal by the prosecutor, the lower court upheld the first instance judgment that acquitted the Defendant on the acceptance of bribe regarding KRW 45 million, which was received as the subscription money for convertible bonds and the compensation money for profits from the Defendant among the facts charged against the Defendant, on the ground that there was no proof of crime. In view of the relevant legal principles and records, the lower court did not err by violating the rules of experience and the rules of evidence, or by misapprehending the legal principles on the criteria for determining the acceptance of bribe,
3. Conclusion
Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Park Jae-young
Justices Lee Ki-taik-taik
Justices Kim Yong-deok
Chief Justice Kim Shin -
Justices Kim Gin-young