특정범죄가중처벌등에관한법률위반(뇌물)등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of the facts, misunderstanding of the legal principles, and misunderstanding of the Defendant’s public legal professional ability to utilize the Defendant’s personal legal professional ability to provide advice and services, etc.; rather, “brain water” is not received from the Defendant’s “cost for the Defendant’s duties,” such as providing convenience related to the affairs of the Ministry of Government Legislation, etc. In light of the fact that the Defendant received advisory fees, etc. did not reach the Defendant’s contribution to the provision of advice and services, and that the Defendant received money through the account
2) In light of the fact that unfair consultation on sentencing and the selection of a service performer were conducted fairly in accordance with professional experience, etc., that part of the defendant delivery advisory and service was faithfully performed, that result was contributed to creating good laws and regulations, and that the defendant committed a rush and inappropriate act as a public official, it is against the fact that the court below’s punishment (one year of imprisonment and two years of suspended execution) is too unreasonable.
B. Prosecutor 1) misunderstanding of facts and misunderstanding of legal principles) N-related ① The list of crimes attached to the original judgment (hereinafter “the list of crimes”)
The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) is established by combining the whole of the acceptance of bribe described in 1-1 and 1-2.
(2) Part 1, 2, 7, 11, and 16 of the crime sight table (main and conjunctive innocence): the defendant did not directly receive the price for the above service.
Even if the defendant's compensation for other services (money) is included in the above service cost.
(3) Part 1-1 No. 27 of the crime sight table (mainly not guilty): The consideration for the service received by the defendant is also included in the consideration for other service.
(4) The remainder of crimes except for 1-1/2, 7, 11, 16, and 27 (mainly not guilty): The defendant's intent to give or receive a bribe in connection with his/her duties is to provide advice or other services.