특정범죄가중처벌등에관한법률위반(뇌물)등
The judgment below
Among the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) against Defendant A.
1. Summary of grounds for appeal;
A. Defendant A (1) misunderstanding of facts or misunderstanding of legal principles (A) made partial confessions of crimes in the course of investigation by the investigative agency, such as that Defendant A would not be punished even though he had not received money from Defendant B, by the conference of the investigative agency.
Defendant B’s statement, the only evidence of the offering of a bribe in this case, and the “satisfyal status list” or “bral substance list”, which is evidence to support the statement, cannot be acknowledged as credibility due to lack of rationality, objective reasonableness, and consistency before and after the content itself.
(B) Even if Defendant A received money from Defendant A in connection with the construction of the private company, the lower court erred by misapprehending the legal doctrine on business relationship, even though the construction of the private company was not related to Defendant A’s duties.
(C) Defendant A received money.
Even if the construction site subject to solicitation is different, and since the construction company is different, the amount of money of Defendant A was received with a single and continuous criminal intent, so this part of the facts charged cannot be applied as a single comprehensive crime, and it should be applied as a substantive concurrent crime.
(D) With respect to the bribery of KRW 3 million against Defendant A on June 2, 2010, the police officer led Defendant B to offer a bribe to Defendant A, and immediately arrested Defendant A upon offering a bribe to Defendant A. As seen above, Defendant A was subject to the police officer’s naval investigation into a police officer, which was illegal investigation.
(2) The sentence imposed by the lower court on Defendant A [the part concerning the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the request for bribe: Imprisonment with prison labor for 5 years and fines for 50 million won, and the part concerning the violation of the Public Official Election Act: 2 million won] are too unreasonable.
B. Defendant C (1) misunderstanding of facts or misunderstanding of legal principles (A) 1.