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(영문) 대전지방법원 2019.03.28 2018노2236

뇌물수수

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Error 1) The Defendant did not receive cash 2,00,000 won from A as stated in the facts charged. 2) Although the Defendant was provided meals from A at the I restaurant as stated in the facts charged, the Defendant’s food is not KRW 312,00,000, but merely exceeding KRW 70,000.

B. In light of the legal principles, the Defendant’s receipt of entertainment and meal to A is based on the need for private education, and it does not constitute a bribe, since it is not received in return for duties.

C. The lower court’s sentence of unreasonable sentencing (two years of suspended execution for six months of imprisonment, and a fine of five million won) is too unreasonable.

2. Determination

A. The lower court also asserted that the facts received in cash amounting to KRW 2,00,00 as alleged in the mistake of facts. The lower court determined that the P’s statement was reliable on the grounds as stated in its reasoning under the title “as to the credibility of the P’s statement,” and that the Defendant received cash amounting to KRW 2,00,000 from A at the time and place indicated in the facts charged, based on the P’s statement. In light of the evidence duly adopted and examined, the lower court’s determination is just and acceptable, and the lower court did not find that there was an error of misunderstanding of facts in the lower judgment even in light of the circumstances alleged in the grounds of appeal by the Defendant. 2) On the basis of the evidence duly adopted and examined by the lower court, i.e., (i) the Defendant and A provided meals at the I restaurant on September 22, 2014, and (ii) after drinking to K and drinking to 200, the Defendant again provided drinking to 1 and drinking to 2G, and (iii with 3G.