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(영문) 서울고등법원 2013.04.25 2012노3649

특정범죄가중처벌등에관한법률위반(뇌물)등

Text

The judgment below

Each part of the conviction against the Defendants is reversed.

Defendant

A shall be punished by imprisonment for two years.

Reasons

1. The court below found the Defendants guilty on the following facts: (a) violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery Nos. 1 through 5, and 9 Part 160 million won in total in return for the provision of the right to apply for the purchase of national housing to the Dobber B (Bribery Nos. 6 through 8 of the above crime list); (b) violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery of the original judgment); (c) violation of the indictment No. 1 to 5, and (d) violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery of the original judgment); (d) violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery No. 1) violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; (e) violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; (e) violation of the right to apply for the purchase of national housing; and (e) receipt of a total sum of 160 million won in the relevant official apartment apartment apartment 3 (G) fraud.

However, the prosecutor did not appeal the judgment of the court below, and only the Defendants appealed on the guilty portion, and the above acquittal part and the acquittal part were finalized as they are.

Ultimately, the subject of this court’s judgment is limited to the conviction of Defendants among the judgment below.

2. Determination on the grounds for appeal

A. Determination of the misconception of facts or misapprehension of legal principles by Defendant A (1) on the violation of the Aggravated Punishment, etc. of Specific Crimes (Bribery).