Text
The Defendants’ appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts or misunderstanding of legal principles 1) Each money and valuables stated in the list of offenses attached to the Defendants are received only due to the need for school minutes, and cannot be viewed as a bribe due to the lack of a quid pro quo for duties.
2) The content of convenience provided by Defendant A to Defendant A without compensation was specified solely on the ground that the consultation with the relevant department was promptly carried out or that the fixed processing period was reduced.
As such, it cannot be said that the facts charged are not specified and thus it is illegal to interfere with Defendant A’s exercise of defense right.
B) Defendant A’s entertainment that Defendant A received cannot be deemed to have received, as it is a public official of M., not a entertainment that Defendant A received.
Therefore, the entertainment received by Defendant A during the 2-year re-crimes No. 2 in the annexed crime list No. 1,30,000 won, which is 2.30,000 won per annum in the annexed crime list No. 5-1,00 won in the annexed crime list No. 1,00,000 won, not received from Defendant B, and thus, it cannot be deemed as a bribe received by Defendant A in whole
B. The sentence of the lower court is too heavy.
2. Determination
A. Determination as to the assertion of misunderstanding of facts or misapprehension of legal principles 1) Determination as to the unspecified assertion of facts charged (defendant A) is based on the process of performance of duties and trust in society to protect the legal interests of the protection of the law directly. As such, if the number of money received from a public official’s official’s duties and money is in a payment relationship, the crime of accepting a bribe is established, and there is no need to consider the existence of a solicitation, and the relationship between each individual’s act of performing duties, and there is no need
On the other hand, in the case of bribery, a public official's duties are not only the duties under the law, but also those closely related to his duties, or those under the custom or actual jurisdiction.