beta
(영문) 대구지방법원 2006.5.25.선고 2005고단7934 판결

가.무고나.뇌물공여의사표시

Cases

205Gohap7934 Ga. Ga.

B. Expression of offer of bribe

Defendant

00

Defense Counsel

Attorney Park Do-young

Imposition of Judgment

May 25, 2006

Text

A defendant shall be punished by imprisonment for six months.

50,000 won shall be additionally collected from the defendant.

Reasons

Criminal History Office

On February 26, 2003, the Defendant received a request from the competent authority to return a business report on June 10 of the same year, on the ground of lack of septic tanks, while running a general restaurant at the same time, from the △△, the lessee of the restaurant located in Daegu-gu, to the said restaurant at the same time on the premium of KRW 20 million, deposit of KRW 5 million, monthly rent of KRW 400,000,000,000,000,000 won.

1. On July 1, 204, the above-mentioned △△△△△△△△△△ was submitted to the above △△△△△△△△△ Office for the punishment of fraud regarding the foregoing △△△△△△△△△△△△’s previous 6-party 6-party 6-party 6-party 6-party 6-party 6-party 6-party 6-party 6-party 6-party 6-party 6-party 6-party 6-party 6-party 6-party 6-party 6-party 6-party 6-party 6-party 6-party 6-party 6-party 6-party 6-party 6-party 7-party 7 party 7 party 6-party 7 party 6-party 7 party 6-party 7 party 7 party 6-party 7 party 6-party 7 party 7 party 2's statement that he/she was unable to accept the above 6-party 2-party 6-party 6-party 2's.

Summary of Evidence

【False Accusation】

1. Partial statement of the defendant;

1. Each legal statement made by a witness △△△△, ▽▽△△, and BB

1. Examination protocol of the accused by prosecution;

1. A copy of the prosecutor's statement of the accused (including each part of the △△△△ and V's statement);

1. An interrogation protocol of a police officer against the ▽xv;

1. The National Institute of Scientific Investigation;

1. Copy of the police statement against the defendant;

1. Complaint;

1. A copy of the civil conciliation protocol;

【Expression of intent to offer a bribe at the time of sale】

1. Defendant's legal statement;

1. Legal statement of the witness △△△△;

1. A copy of the prosecutor's statement of the defendant (including each part of the statements of the AA and V)

Application of Statutes

1. Article applicable to criminal facts;

Article 156 (Selection of Imprisonment or Imprisonment)

The expression of intent to offer a bribe in the judgment of the court: Articles 133(1) and 129(1) of the Criminal Act (Optional to Imprisonment)

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

3. Additional collection:

Article 134 of the Criminal Act

The Defendant’s crime of this case on the grounds of sentencing committed each of the following acts: (a) the Defendant filed a complaint with the police station on Dogsung in fraud; (b) attempted to give money to the police officer in charge of the investigation in a way to build the envelope containing million won under the pretext of well dealing with the case; (c) the Defendant failed to obtain the result desired in the civil litigation after the closure of the charge; (d) the Defendant’s accusation statement on Dogsung in the Daegu District Public Prosecutor’s Office was forged; and (e) the part of the above statement was altered; (c) after being notified of the completion of the case on the ground that there was no evidence to deem that there was no evidence, the Defendant again filed a complaint with the Daegu District Public Prosecutor’s Office in the form of forgery of public document; (d) the Defendant tried to purchase money by a public official in charge of the investigation with money for a considerable period of time; and (e) the Defendant did not have any significant mental suffering to another person; and (e) the Defendant did not have any criminal intent to deny the Defendant’s sentence of this case to the extent of free criminal investigation agency.

However, the defendant is judged as ordered in consideration of the circumstance of each of the crimes of this case, the reason why each of the crimes of this case was committed, the dismissal of this case did not reach the result of criminal punishment of the victim, and other various sentencing conditions in this case, such as the defendant's age, character and behavior,

Judges

Revision of Judges;