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Defendant
A All appeals filed by the Defendants and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1) misunderstanding the facts as stated in the judgment of the court below (the part on the sale of philophones to H) regarding Article 2-A through (c) of the judgment of the court below (the part on the sale of philophones to H) was delivered to H three times at each time and at each place indicated in this part of the facts charged, and there was no fact that the Defendant sold 10 gs of philophones as indicated in the facts charged. ② As to Article 2-D(the part on the delivery of philophones to I) of the judgment of the court below, the Defendant issued the I with one bag containing 4.76 gs of philophones to H. 4 out of four bags containing philophonephones which were arrested. 2) The sentence (two years and six months of imprisonment, etc.) sentenced to the defendant A is too unfair.
B. According to the evidence submitted by the prosecutor, such as credibility, Defendant A’s statement is deemed to have been accepted a bribe (total of KRW 10 million) over four occasions from Defendant A with respect to the referral of a police officer’s duties; Defendant A immediately arrested Defendant A and hand over it to an investigator; Defendant A’s duty was deserted four times without good cause; Defendant A’s arrest warrant was not issued.
It may be recognized that criminal justice information has been divulged by informing the above accused and AU of the progress of the investigation, including information that has not been designated or designated.
Nevertheless, the judgment of the court below which acquitted Defendant A of the offering of bribe and each of the facts charged in this case against Defendant B is erroneous in the misapprehension of legal principles and misconception of facts.
2. Judgment on the prosecutor's misconception of facts and misapprehension of legal principles
A. The lower court, based on the detailed reasons stated in its reasoning, is difficult to recognize the credibility of Defendant A’s statement, and the remainder submitted by the Prosecutor.