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(영문) 대구고등법원 2012.10.18 2012노158

특정범죄가중처벌등에관한법률위반(뇌물)

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of facts and misunderstanding of legal principles as to whether the Defendant received an envelope containing a passbook from K) L and N’s statement in the investigation agency or the court of the court below as to the credibility of L and N’s statement from K, and there is no value of evidence, and considering the following circumstances, there is no credibility of the statement. ① before making a statement at the prosecutor’s office before making a statement at the prosecutor’s office, it is time for K to make a prior adjustment of the contents of the statement and that K changed its intention. ② According to N’s statement at N prosecutor’s office, L was only 6 times before and after August 24, 2010, and it was only necessary for K to make another person make a statement at the prosecutor’s office other than E and 4 times when there was no possibility that L had no investigation at all as to N’s statement.

Therefore, it is difficult to believe the statement based on the information as it is.

④ At the prosecution, N made three times on August 24, 2010 and June 9, 201, on the same month as that of the same month, and “N knew of the fact that a bribe was given to E in relation to a golf course.”