특정범죄가중처벌등에관한법률위반(뇌물)
All appeals are dismissed.
The grounds of appeal are examined.
1. As to the grounds for appeal by Defendant A and C, the lower court, on the grounds as indicated in its reasoning, found Defendant A guilty on the grounds that (1) among the facts charged against Defendant C, the lower court accepted KRW 58 million from July 2014 to August 2014 under the pretext of accepting Defendant B’s request during the process of selecting the cooperative companies in this case as indicated in the lower judgment from February 2013 to February 2014, each of the following facts: (2) the lower court accepted KRW 30 million from Defendant C under the pretext of promptly resolving the issue of selecting the fire-fighting and supervision service companies and the issue of selecting the creative construction companies from July 2014 to August 2014; and (2) the lower court accepted Defendant B’s request from each of the instant cooperative companies to offer and receive convenience from Defendant B under the pretext of promptly selecting the creative construction companies.
The judgment below
Examining the reasoning in light of the relevant legal principles and duly admitted evidence, the lower court’s determination is justifiable.
Contrary to the allegations in the grounds of appeal, the appeal did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.
2. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for appeal by Defendants B and D, an appeal may be filed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than 10 years has been pronounced. Thus, in the instant case where a more minor sentence has been pronounced against the Defendants, the allegation that the amount of punishment is unreasonable is not a legitimate ground for appeal.
3. As to the reasons for the prosecutor’s appeal, the lower court, based on its stated reasoning, stated in its reasoning, stated in (1) from February 2, 2011 to September 2015 among the facts charged against Defendant A.