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(영문) 부산고등법원 2014.08.21 2014노204
변호사법위반등
Text

All appeals by the defendants and prosecutor against the defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In full view of the evidence duly admitted and examined by the court below, such as Defendant A’s statement of confession made by Defendant A, who is a bribe donor, the prosecutor (as to the part of acquittal in the judgment of the court below as to the defendant), maintains consistency in the very specific and key parts in its contents, as well as in accordance with various indirect facts and objective circumstances, and thus, credibility is sufficiently recognized. In full view of the evidence duly admitted and examined by the court below, such as Defendant A’s statement of confession made by Defendant A, etc., Defendant A, around March 29, 2010, offered a bribe of KRW 50 million to Defendant B at a AA hotel coffee shop around March 29, 2010 and the fact that Defendant B received it can be sufficiently recognized, the court below erred by misapprehending the rules of evidence and thereby adversely affecting the conclusion of the judgment.

B. Defendants 1) In light of the various sentencing conditions of Defendant A in this case, each of the facts charged that the lower court accepted KRW 2 million in return for the solicitation from W, who is the representative director of the P Co., Ltd. (hereinafter “P”) around October 2010, and received KRW 5 million in return for the solicitation, was prosecuted on April 201.

However, since the date and place of a crime in which the defendant received money and valuables are not specified and thus it is practically impossible to exercise the defendant's right to defense, this constitutes a case where a prosecution procedure is invalid in violation of the provisions of the law, and thus, the dismissal judgment

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