Defendant shall be punished by imprisonment with prison labor of 3 years and 6 months and fine of 77,00,000 won.

The defendant above.

A. Defendant 1) In the J entertainment tavern’s entertainment tavern, L puts a bag containing emulation into the Defendant’s two clothes, the Defendant was issued in relation to the Defendant’s duties, i.e., the Defendant did not have any intention to accept a bribe because he did not recognize the duty relationship as prescribed for the crime of bribery, but the lower court found the Defendant guilty of this part of the facts charged.

B) Although the defendant did not keep 50,000 tons as the intention of acquiring it, but rather had an opportunity to return it with fear that L, which is a post-university and a third party, would suffer a big disadvantage in the company, and thus, the defendant had acquired the above 50,00 tons with the intention of acquiring it, the court below found the defendant guilty of this part of the facts charged by mistake of facts. 2) The court below erred in the misapprehension of legal principles, which found the defendant guilty of this part of the facts charged. 2) Since the defendant kept the first place without considering the fact that he had been found to contain emulation in the above plastic bag at the time of receiving plastic bags from L, and after confirming the fact that emulation was made thereafter, the court below did not recognize whether emulation 76,00,000 won in the above plastic bag was made or not, and thus, it did not recognize the amount of bribery charge. Thus, even if the defendant did not have any awareness about it, the court below erred in the application of the Act on the Aggravated Punishment, etc.

3) Under the influence of alcohol at the time, the Defendant committed the instant crime against the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) in a state that the Defendant lacks the ability to discern things or make decisions.