(negative) Whether the bribe returned to the receiver is collected from the consignee (negative)

If the consignee has kept the bribe as it is and returned it to the receiver, it shall be confiscated and collected from the receiver, so it is illegal to collect the bribe from the receiver.

Article 134 of the Criminal Act

Defendant

Defendant

Busan District Court Decision 83No793 delivered on September 29, 1983

Busan District Court Decision 82Da8837 delivered on March 16, 1983

All the judgment of the court below and the judgment of the first instance are reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

We examine the defendant's ground of appeal about mistake of facts.

According to the evidence presented by the court of first instance, since the acceptance of bribe against the defendant is lawful, there is no theory on this point. However, the judgment of the court of first instance maintained by the court below is that since the defendant's acceptance of bribe 1,00,000 won cannot be already consumed and confiscated, the value of the bribe 1,00,000 won shall be collected from the defendant pursuant to the latter part of Article 134 of the Criminal Act. According to the records, the defendant stated that the military investigation agency returned the bribe received from the defendant to the court of first instance. The court of first instance stated that the defendant returned it to the provider as it is. The court of first instance's definition, in the military judicial police officer's preparation, each statement in the statement about the statement about the defendant's acceptance of bribe is consistent with this, and there is no error in the misapprehension of legal principles as to the fact that the defendant used the bribe, or used the above money in the statement about the defendant's acceptance of bribe, and it cannot be collected as a collection from the consignee.

Therefore, without further proceeding to decide on the remaining grounds of appeal, the judgment of the court of first instance is reversed, and this case is deemed sufficient to be decided by the evidence examined until the court below and the records of trial are examined. Thus, in the judgment of first instance, a party member directly decides pursuant to Article 396 of the Criminal Procedure Act, and the grounds for appeal are justified in this respect. Therefore, without examining the remaining grounds for appeal, the judgment of first instance is reversed,

The summary of the facts charged by a member of the court of first instance and the summary of the evidence are the same as that of the judgment of the court of first instance, and therefore, it shall be quoted by Articles 399 and 369 of the same Act. Since the court of first instance's ruling constitutes Article 129 (1) of the Criminal Act, the court below held that the defendant's imprisonment during a prescribed period of imprisonment is chosen, and the defendant shall be punished by imprisonment for up to eight months, and the defendant shall be punished by imprisonment within the scope of the term of the punishment, and the defendant shall be considered as the first offender and return the bribe of this case to the provider after the crime. Thus, it is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices O Sung-sung(Presiding Justice)