뇌물수수등
The part concerning Defendant A and B in the judgment of the court below is reversed.
Defendant
A shall be sentenced to two years of imprisonment and fines of twenty million won.
1. Summary of grounds for appeal;
A. On February 2010, the public prosecutor (defendant A and B) accepted at least 50,000 won card from T around February 2010 from the above Defendants related to acceptance of bribe around February 2010.
Nevertheless, on the ground that it is difficult to deem that the above Defendants received in whole 10 copies of the fixed-line card, the lower court found the Defendants guilty only for the receipt of the fixed-line card of “unknown quantity” against the above Defendants, and found the Defendants not guilty of the original charges, so there is an error of misunderstanding of facts.
B. From May 30, 2009 to May 31, 2010, the Defendant received entertainment of KRW 21,469,663 in total on 17 occasions, as indicated in the attached Form of Crimes, from May 30, 2009 to May 31, 2010.
Nevertheless, on the ground that there is a possibility that there is an unrelated part with Defendant A among the facts prosecuted, the lower court rendered a conviction only for the receipt of '3 or 4 entertainment equivalent to the amount that the Defendant A may not know over '3 or 4 times', which the Defendant A recognizes, and rendered a not-guilty verdict on the original prosecuted contents, and thus
2) The sentence imposed by the court below on Defendant A and B (the sentence imposed on Defendant A and the fine of KRW 20 million, KRW 125 million, KRW 100 million, KRW 100 million, KRW 100 million, KRW 20 million, KRW 20 million, KRW 20 million, and KRW 4.5 million) The sentence imposed by the court below on the Defendants A and B is too unreasonable. (B) The Defendants (the sentence imposed on the Defendants A and B) are deemed unfair. The sentence imposed by the court below on the Defendants (the sentence imposed on the Defendants A and B) are as set forth in the above, and the penalty imposed by the court below is too unreasonable.
2. Determination:
A. Ex officio determination (Defendant A and B) The lower court deemed the acceptance of bribe and the acceptance of bribe three times after September 2010 to be a separate crime, respectively, on or around February 2010, and on or after September 2010, the crime committed after September 2010.