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(영문) 서울고등법원 2015.09.11 2014노2330

뇌물수수등

Text

The part on the defendant and the second judgment of the court of first instance shall be reversed.

Defendant shall be punished by imprisonment for a period of two years and six months.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the first instance court: imprisonment of 2 years, fine of 40 million won, additional collection of 40 million won, and imprisonment of 2 years: imprisonment of 1 year) is too unreasonable.

B. A prosecutor (with regard to the second judgment of the court below), a mistake of facts or misapprehension of the legal principle, and a plan for the plan to operate the dispute resolution committee, the administrator of the dispute resolution committee, the administrator of the dispute resolution committee, and the administrator of the dispute resolution committee (hereinafter “each business plan of the

Although the information in question constitutes “trade secret” under the Unfair Competition Prevention and Trade Secret Protection Act, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment. 2) The lower court’s imprisonment (one year of imprisonment) on the second instance of unfair sentencing is too unreasonable.

2. On the judgment of the first and second court, the defendant was sentenced to the judgment of the first and second court, and the prosecutor filed an appeal against the second and second court judgment, and this court decided to concurrently examine the above two appeals cases. The crime of the first and the crime of the second court's conviction against the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act. Since the non-guilty part of the second court's judgment is one of the concurrent crimes under the former part of Article 37 of the Criminal Act. Since the non-guilty part of the second court's judgment is in the ordinary concurrent relation with the conviction part of the second court's judgment, the part

However, the prosecutor's allegation of misunderstanding of facts and misapprehension of legal principles on the second judgment of the court is still subject to the judgment of the court, and this is examined.

3. Judgment on the prosecutor's assertion of mistake or misapprehension of legal principle

A. The second instance judgment of the court below is based on the overall evidence duly adopted and examined and the following circumstances, respectively, of this case.