(영문) 서울고등법원 2015.12.10 2015노2488 | 리걸엔진

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(영문) 서울고등법원 2015.12.10 2015노2488

수뢰후부정처사등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal: misunderstanding of facts and unfair sentencing;

A. The lower court determined that the Defendant was the victim of the crime of indecent act by compulsion after the acceptance of the bribe in G. The other party to the crime of unjust actions after the acceptance of the bribe in G.

After demanding a bribe of KRW 5 million to the Defendant, the lower court found the Defendant guilty of the unlawful charge after receiving the bribe, but the lower court erred by misapprehending the following facts, thereby adversely affecting the conclusion of the judgment.

1) The lower court related to the demand for a bribe deemed that the Defendant demanded a bribe of KRW 5 million, but the Defendant did not demand such bribe. However, the Defendant did not demand a bribe. However, (i) G’s question on how she “I am at low” led to the fact that a fine of KRW 5 million was generated by examining the floor of the question of “I am at hand,” and (ii) G misunderstanding that “I am at least two million won,” and thus, “I am at hand,” and (iii) there was a sense of her failure to demand a bribe and to accept it, or a sense of view on G’s act of indecent act by compulsion, not because her promise to demand a bribe, rather than because her promise to receive it. (ii) Even if the Defendant can be deemed to have demanded a bribe, as determined by the lower court related to the amount of bribe amount, the Defendant presented by G accepted KRW 2 million and engaged in such unlawful act, and thus, the amount of the bribe should be reduced to two million won.

B. The sentence imposed by the lower court on the Defendant (one year and six months of imprisonment, fine of ten million won, and 40 hours of order to complete a program) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the lower court determined that the Defendant’s assertion that G did not demand a bribe in full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court cannot be accepted. (A) G is the investigative agency.

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