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(영문) 광주고등법원 2017.08.10 2017노120

사기등

Text

The judgment below

Of the defendants B, the part of the defendant is reversed.

Defendant

Punishment B shall be determined as one year and six months.

(b).

Reasons

1. Summary of grounds for appeal;

A. Although Defendant C’s assertion of mistake of facts did not receive KRW 6 million from A on September 18, 2013 in relation to the facts charged of bribery and acceptance of bribe, and there was no fact that Defendant received KRW 1.5 million around August 2014 in relation to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) for a public prosecution, the lower court found Defendant guilty of

B. The lower court found Defendant A not guilty of this part of the facts charged against Defendant A and C, on February 2014, although it was found that Defendant A delivered a bribe of KRW 10 million, in addition to the KRW 10 million recognized by the lower court, to Defendant C around February 2, 2014.

(c)

Defendant

Defendants A, C, and C alleged that the lower court’s punishment is too unreasonable, and the prosecutor asserts that the sentence against the Defendants is too unfasible and unfair. The prosecutor asserts that the sentence against the Defendants is too unfasible and unfair.

2. According to the records of ex officio determination as to Defendant B, the Defendant was sentenced to a two-year suspended sentence for six months of imprisonment at the Gwangju District Court on August 11, 2016 due to a violation of road traffic law (licenseless driving), and the Defendant appealed against the preceding judgment at the Gwangju District Court, but dismissed the appeal on April 26, 2017 at the Gwangju District Court (Seoul District Court Decision 2016No2932 Decided April 26, 2017), and the judgment became final and conclusive on May 5, 2017.

As a result of the final and conclusive judgment of the preceding case, the crime of this case and the crime of violation of road traffic laws (unlicensed driving) established by the preceding judgment are concurrent crimes by the latter part of Article 37 of the Criminal Act, and the sentence against the defendant should be imposed at the same time in consideration of equity and equity pursuant to Article 39(1) of the Criminal Act. In this regard, the part on the defendant B of the lower judgment cannot be maintained as it

3. Defendant C-.