(영문) 서울중앙지방법원 2020.06.10 2019노2217



The defendant's appeal is dismissed.


1. Summary of the grounds for appeal 1) The Defendant did not receive a mistake of fact from D in cash. 2) The Defendant did not receive an unjust solicitation from D.

3) The lower court’s sentence of unreasonable sentencing (a fine of eight million won is unreasonable).

2. The Defendant asserted the same purport in the lower court’s judgment regarding the assertion of mistake of facts and misapprehension of legal principles, and the lower court determined this in detail.

D has made a statement before the court, and there is a difference in the detailed part, but since the investigation agency, the overall purpose of the statement is the same.

A parent who has a profound interest in school life of his or her child shall erroneously memory his or her actions against the child's livelihood.

It is not easy and acceptable that it can be sent in a false or false manner.

D does not seem to have a bad appraisal against the defendant.

It cannot be said that there is a lack of belief in D's statements only with the grounds alleged by the defendant, such as inconsistency with detailed parts of the statement, time of giving money, uncertainty of source of amount, and unreasonable contents of solicitation.

Since the judgment of the court below to the same purport is legitimate, the defendant's assertion of mistake and legal principles is without merit.

3. The Defendant has worked in a school for more than 30 years, and there is no criminal or disciplinary disposition.

The lower court’s judgment, including these points, determined the punishment by taking into account all the sentencing materials presented in the pleadings, and, as long as the lower court did not change the circumstances different from the lower court, it cannot be

The defendant's assertion of unfair sentencing is without merit.

4. The defendant's appeal is dismissed on the ground that it is without merit.