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(영문) 광주고등법원 2014.11.27 2014노213

특정범죄가중처벌등에관한법률위반(뇌물)등

Text

The judgment below

Part concerning Defendant B, C, and D among them shall be reversed.

Defendant

B B Imprisonment with prison labor of two years and six months, and C, as a fine of 10.

Reasons

1. Summary of grounds for appeal;

A. On the fourth trial of this court, Defendant A withdrawn an assertion of mistake of facts as to the facts charged that “the Defendant received a 2.3 million won card from Defendant C in relation to his duties as a bribe.”

1) The Defendant received 106,672,650 won from Defendant B (hereinafter “instant money”) by mistake of facts or misapprehension of legal principles

(2) The Defendant’s acceptance of bribe may not exceed KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000

B. Defendant B asserted that all of the funds remitted to Defendant A during the first day of this court at this court’s trial does not constitute a bribe. However, the grounds for appeal on July 8, 2014, which the Defendant’s defense counsel submitted within the deadline for submission of the grounds for appeal, are unreasonable, and thus, the above argument of misapprehension of legal principles is not separately determined.

The sentence of the court below against the accused (one year of imprisonment) is too unreasonable.

C. On the second day of this court’s trial, Defendant C withdrawn an assertion of mistake of facts as to the facts charged that “the Defendant received KRW 2 million in relation to his duties from Defendant C as a bribe.”

The sentence of the court below against the defendant (two years of imprisonment with prison labor for a period of four months) is too unreasonable.

Defendant

D The sentence of the lower court against the Defendant (two years of imprisonment for a period of four months and two million won of fine) is too unreasonable.

(e)a prosecutor;