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(영문) 서울고등법원 2014.12.23 2014노1988

특정범죄가중처벌등에관한법률위반(알선수재)

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

20 million won shall be additionally collected from the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant: (a) of the lower judgment that recognized the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Cases Concerning the Aggravated Punishment, etc. of Specific Crimes”), the Defendant argued that there was a mistake of facts or misapprehension of the legal doctrine on the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes; (b) on the fifth trial date

The punishment sentenced by the court below against the defendant (one year and six months of imprisonment, additional collection 200 million won) is too unreasonable.

B. Prosecutor 1) misunderstanding of facts or misunderstanding of legal principles, M Co., Ltd. (hereinafter “M”).

A) The director N of the lower court clearly stated that the Defendant demanded KRW 400 million from April to May 2012 and delivered KRW 200 million on June 21, 2012 and then delivered KRW 150 million additionally on August 24, 2012. Nevertheless, the lower court rejected the Defendant’s credibility of the N’s statement that additionally delivered KRW 150 million to the Defendant by emphasizing only some errors due to the limit of memory or failing to make a statement due to other circumstances. In so doing, the lower court erred by misapprehending the rules of evidence or misapprehending the legal doctrine on the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of Specific Crimes, which affected the conclusion of the judgment by misapprehending the legal doctrine on the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (hereinafter referred to as “the punishment imposed by the lower court on the Defendant is too unreasonable.

2. Reviewing the reasoning for appeal ex officio prior to the judgment on the grounds for appeal ex officio, the Defendant was sentenced to one year of imprisonment and two years of suspension of execution on March 4, 2014, by interfering with bidding at the Gwangju District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office