Text
All of the appeals by prosecutors are dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts) X has made a concrete statement to the extent that it is impossible to make a statement without direct experience, and support X’s statement, AM (one name BP), details of use of physical cards, details of account transaction, details of golf course reservation, details of interview with U, etc. In light of the fact that X appears to use money collected by U on behalf of one’s own money or U, or borrowed money on behalf of U in the course of performing duties for U to obtain the right of objection to the implementation of the project, etc., the consistent statement of X, which requested the suspension of execution of U’s punishment, is sufficiently reliable.
In addition, S stated that it is true that the prosecution asked the defendants to suspend U's execution directly or indirectly, and that X's statement is unconditional.
In light of the fact that S's memory and X memory were clearly expressed in the course of the investigation, and the detailed statement about the contents known only to S regardless of X is also stated, the S's prosecutor's statement that conforms to X's statement is sufficiently reliable.
On the other hand, S reversed the previous statement from the time when it was sentenced to a suspended sentence after the conclusion of the trial for violation of the defense law against himself, and it is not completely memory at the prosecution investigation stage.
Considering the fact that the statement is written in detail in the court, and according to the legal statement of the court below, S does not explain whether S received money from X on the ground of unson, the legal statement of S in the court below is not reliable.
Han LAS delivered US$ 5,000 to Defendant A, and during which process, Defendant A “YA YA YA YA YA YAE.”
“.......”
The testimony is clearly made, Y that the attorney-at-law belonging to AX was asked about the progress of the criminal trial against him/her after the contact with the defendant A.
this shall be stated.