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(영문) 광주고등법원 2015.04.02 2014노167

수뢰후부정처사

Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. In light of the following circumstances, the Defendant alleged a mistake of facts, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment, even though there was no fact that B had delivered or received a bribe from the date and place stated in the facts charged, and there was no fact that USB had been cut down and handed down.

1) On May 10, 2010, the Defendant of acceptance of bribe to the Korea Railroad Corporation (hereinafter “railroad Corporation”) after his/her work on May 10, 2010.

(2) On July 9, 2010, the Defendant of acceptance of bribe from “AI restaurant” did not receive a bribe from “AI restaurant” on May 10, 2010, because he/she was present in the office 19:34, which was held at the 19:34, and held at the AZ meeting held at the “CI” restaurant located in the CH neighborhood. 2) On July 9, 2010, the Defendant of acceptance of bribe from “AI restaurant” was staying in the office of the Korea Railroad Corporation after work on July 9, 2010, and was moved to Incheon along with his/her pay staff, and was present at the 18:30,00, and it did not receive a bribe from “AI restaurant” on July 9, 2010.

3) Since the acceptance of a bribe and the acceptance of a bribe on January 15, 2011, the Defendant was not in contact with B on January 15, 201, the Defendant did not receive a bribe from B from “AK cafeteria” on January 15, 2011 and delivered the USB to B in 2011. Furthermore, the lower court’s judgment on the grounds of unfair sentencing (one year of imprisonment and two million won of fine) is unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged is as follows: (a) a person operating a railroad component importer with the trade name “J” and “K” in the Gu I during Ansan-si period from February 10, 2010 to October 7, 2012; and (b) the Defendant is a product that is not produced or supplied domestically; and (c) a “foreign-foreign-foreign-foreign-foreign-foreign-foreign-foreign-foreign-foreign-foreign-foreign-foreign-foreign-foreign-foreign-foreign-foreign-foreign-foreign-foreign-foreign-foreign-foreign-foreign-foreign-foreign-foreign-foreign-foreign-foreign-foreign-foreign-foreign-foreign-foreign-foreign-foreign-