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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2014.02.14 2013노2707
특정범죄가중처벌등에관한법률위반(알선수재)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles that the Defendant received KRW 50 million from L to the effect that he would exercise influence over political relations and press personnel, and there is an error of misunderstanding of facts or misunderstanding of legal principles in the judgment of the court below that found the Defendant guilty of this part of the facts charged on the ground of O and L’s statements without credibility, even though L did not receive KRW 100 million from L to N for delivery.

B. The lower court’s sentence (one year of imprisonment, three years of suspended execution, and 100 million won additional collection) against the Defendant is too unreasonable.

2. Determination

A. 1) Determination on the assertion of mistake of facts or misapprehension of the legal principles is at issue in a case where the issue is whether to accept money or valuables, and where there is no objective evidence to support this, the defendant's statement by the person who provided the money or valuables must have admissibility of evidence, and there is a credibility to exclude a reasonable doubt. In determining credibility, the defendant's statement should also be examined such as the reasonableness, objective reasonableness, consistency before and after the statement, as well as his human nature, and in particular, whether there is a suspicion of a crime committed against him and there is a possibility of the commencement of an investigation, or if an investigation is being conducted, there is a concern that the defendant's efforts to escape from the near place may affect the statement due to intimidation or revolving (see, e.g., Supreme Court Decision 2010Do1487, Apr. 28, 2011).

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