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(영문) 서울고등법원 2018.02.09 2017노2708
뇌물수수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of two years and a fine of twenty-four thousand won.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts I and N Prosecution’s statements are inadmissible and are not reliable.

The statement on the daily statement of funds is not direct evidence, but reliable.

J or K’s statement is not a direct evidence and is not reliable.

Defendant did not receive money from I.

2) Unreasonable sentence of the lower court (a 3 years of imprisonment and fines of KRW 24 million, additional collection of KRW 12 million) is too unreasonable.

B. In full view of the misunderstanding of facts, misunderstanding of legal principles, I, J’s statement, and written statement of funds, it is recognized that the Defendant received KRW 100,000 per month during February to March 2015.

2) The unfair sentencing sentence of the lower court is too unreasonable.

2. Determination

A. Determination on the Defendant’s assertion of misunderstanding of facts and misapprehension of the legal doctrine 1) The lower court determined the lower court: (a) the Defendant received KRW 12 million from I through 12 times a month from February 2014 to January 2015, respectively; and (b) the Defendant received KRW 12 million from I.

The recognition was recognized.

Specific reasons for judgment are as follows.

(1) On the daily report of the funds drawn up by J, to October 2014, the funds were paid to I for a bribe of at least KRW 8 million per month from February 2014 to October 2014, KRW 500,000 in November 2014, KRW 3 million in December 2014, and KRW 5.5 million in January 2015 to public officials.

in writing.

② At the prosecution, I received funds from N, and stored them in an envelope in one million won, and delivered them to police officers near entertainment stations.

In 2014, the F police station served in the life order division of the F police station (from February 10, 2014 to February 4, 2015) every month from the time when the defendant was introduced through BJ in 2014.

“The statement was made”.

I later delivered money to “I was only one million won or less, and N was so delivered.”

Although “Along with the reversal of the existing statement, a considerable portion of the original statement is inconsistent with N, K, J, O’s statement and a single statement of funds, and I’s criminal case is not reliable.

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