특정범죄가중처벌등에관한법률위반(뇌물)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for three years and by a fine of twenty million won.
The above fine shall be imposed on the defendant.
1. Summary of grounds for appeal;
A. Defendant 1) The Defendant did not receive KRW 20 million in total from around September 2014 and around October 2014.
Nevertheless, the court below recognized the fact that the defendant accepted KRW 20 million by reliance on each of the statements in investigation agencies and L with low credibility and other statements in the court of original instance and L's work logs. The court below erred by misunderstanding the facts or misunderstanding the legal principles, which affected the conclusion of judgment.
2) The punishment sentenced by the lower court to the Defendant (a punishment of two years of imprisonment, fine of thirty million won, additional collection of KRW 20 million) is excessively unreasonable.
B. Prosecutor 1) The Defendant, by misapprehending the legal principles or mistake of facts, led to the confession of the fact that he additionally received KRW 200 million in cash around September 2014, and around October 2014, after receiving KRW 20 million from I on or around September 2014, and submitted objective proof of reinforcement, and such facts charged are sufficiently recognized.
Nevertheless, the court below is not recognized that the defendant received KRW 200 million.
In this case, the court below erred by misunderstanding the facts or misunderstanding the legal principles and affected the conclusion of the judgment.
2) The above sentence committed by the lower court to the Defendant, which was unfair in sentencing, is too unfluent and unfair.
2. Determination
A. Judgment 1 on the Prosecutor’s misunderstanding of the facts or misapprehension of the legal doctrine 1) The summary of this part of the facts charged is that the Defendant received a bribe of KRW 200 million in cash from I after having provided meals with I and L at the “V” hotel located in Seodaemun-gu Seoul Metropolitan Government, Seomun-gu, Seoul around 2014.
2) In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the lower court determined that the Defendant received KRW 200 million from I and L as a bribe in relation to J only by the evidence submitted by the prosecutor.
It was judged that it was insufficient to conclude.
A) I, L. L.