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(영문) 전주지방법원 2016.08.12 2016노281

뇌물공여등

Text

The judgment below

Of the convictions and innocences against Defendant A and B, the bribe of Defendant A on June 24, 2013 shall be granted.

Reasons

1. Summary of grounds for appeal;

A. Defendant B’s misunderstanding of the facts indicated in the facts charged, Defendant B, as indicated in the facts charged, committed an error in finding Defendant B guilty of this part of the facts charged on September 10, 2013, without having received two million won from A, even though it was not a fact that Defendant B provided meals to A, etc. at a “U” restaurant.

2) The sentence of the lower court (the imprisonment of six months and the fine of KRW 4,00,000, the suspended execution of one year, and the collection of penalty) is too unreasonable.

B. Defendant C’s punishment (one hundred months of imprisonment, additional collection) is too unreasonable.

(c)

(1) According to all the evidence, Defendant B, as indicated in the facts charged, has sufficiently recognized the fact of receiving a bribe by receiving entertainment from Defendant A, as stated in the facts charged, the lower court acquitted Defendant B of this part of the facts charged due to the mistake of fact.

2) The lower court’s sentence against Defendant A and B (Defendant A: imprisonment with prison labor for 6 months and 2 years of suspended execution) is too unhued and unreasonable.

2. Determination

A. Defendant B also argued the same purport in the lower court’s judgment, and the lower court rejected the aforementioned assertion in detail by providing a detailed statement in the “decision on Defendant B’s assertion” column. In light of the records, the lower court’s judgment was examined in light of the records, and (i) in the first instance court, “U” restaurant “U” as of September 10, 2013, I am at the same time with B, C, and A, and 2 million won in cash.

The following facts are consistently stated to the purport of “A”; ② it is difficult to find out the motive or reason to make a false statement to the effect that A had offered any non-public bribe to Defendant B until taking charge of the liability for the crime of offering a bribe; ③ Defendant B was in the court of the first instance at the court of the first instance, and “B was going to go through a business trip with AY, the head of the sewerage team on September 10, 2013, as well as BA and B B, etc., who were the head of the AZ, and the head of the BC restaurant at the BC restaurant.