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(영문) 서울고등법원 2015.01.30 2014노2744

특정범죄가중처벌등에관한법률위반(뇌물)등

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a period of two years and six months and by a fine of thirty-five thousand won.

The defendant above.

Reasons

1. Summary of grounds for appeal;

A. 1) Of misunderstanding of facts and misunderstanding of legal principles, part of the sexual bribery and the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Aggravated Punishment Act”) among the acceptance of bribe from

(2) The court below found the defendant guilty of this part of the facts charged, on the ground that there was no receipt of a sexual intercourse equivalent to KRW 200,000 from C from C or there was no demand from C for a bribe equivalent to KRW 30,000,000,000, and there was an error of misunderstanding of facts or misunderstanding of legal principles as to this part of the facts charged. (2) The defendant was provided with a sexual intercourse equivalent to KRW 200,000 from J, or requested a bribe equivalent to KRW 10,000,000 from J, and there was no demand from J for a bribe equivalent to KRW 10,000,000.

B. The lower court’s punishment on the Defendant of unreasonable sentencing (two years and six months of imprisonment and fine of thirty-five million won) is too unreasonable.

2. Determination on the grounds for appeal

A. As to the assertion of mistake of facts and misapprehension of legal principles, in light of the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the court below, it is reasonable to view that the Defendant received a bribe equivalent to KRW 200,000 from C and demanded C to receive a bribe equivalent to KRW 30,000,000. Therefore, the Defendant’s allegation in this part of the grounds of appeal is without merit. A) When the investigation agency since the investigation agency and the court of first instance, “Iam for drinking in Iam on April 8, 2008, and Iam for Iam,” it is necessary for the Defendant to “Iam for drinking” and “Iam for the Defendant to do so.”

At the time of singing, the drinking will take place.