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(영문) 서울고등법원 2014.08.22 2013노507
특정범죄가중처벌등에관한법률위반(뇌물)등
Text

[Defendant A] The guilty part of the lower judgment (including the acquittal part in the grounds) and the acquittal part.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (1) The violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) due to the promise to give and receive KRW 500 million (A) was prosecuted on the charge that “The Defendant received a total of KRW 500 million from N to November 2, 2010 regarding the referral of matters falling under the duties of another police officer, using the status of police officer,” but the lower court, without the amendment of the indictment procedure, found the Defendant guilty on the charge that “the Defendant promised to give and receive KRW 500 million from N with respect to the referral of matters falling under the duties of other police officers, taking advantage of the status of police officer, or around April 2009 through October 209” without the amendment of the indictment procedure, the lower court erred by misapprehending the legal doctrine that affected the criminal facts charged and the indictment without undergoing the amendment of the indictment procedure.

(B) Notwithstanding the fact that N’s statement, the only evidence corresponding to this part of the facts charged, cannot be recognized in light of the various opposing evidences inconsistent with it, the lower court accepted N’s statement and found the Defendant guilty of this part of the facts charged, thereby adversely affecting the conclusion of the judgment.

(2) The Defendant: (a) the offering of a bribe amounting to KRW 4 million was frequently engaged in money transactions in B and in the same police station; (b) the Defendant calculated the drinking value on behalf of the Defendant, on behalf of the Defendant, subsequently lent money to B in order for the Defendant to repay it to B or pay credit card fees to B; and (c) N filed a complaint to Q, etc. with the Seoul Gangnam Police Station.

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