An error to which the legal provisions of simple bribery are applied in relation to the crime of aggravated bribery.

The application of Article 129(1) of this Act is erroneous to apply Article 129(2) of this Act to the act of receiving money after destroying and retiring existing statements, which are disadvantageous to the case, in return for a good solicitation.

Articles 131 and 129 of the Criminal Act

Prosecutor

Chuncheon Law of the first instance, Seoul High Court of the second instance.

The prosecutor's ground of appeal No. 1 against the defendant 1 of the first instance court's judgment on the charge of acceptance of bribe under Article 129 (2) (3) of the Criminal Act, which was cited by the court of first instance on the charge of defendant 1, was applied to the charge of acceptance of bribe under Article 129 (2) (3) of the Criminal Act. However, considering the facts of acceptance of bribe under Article 129 (2) (2) (3) of the Criminal Act in light of the original judgment itself and the records, the public documents under Article 129 (1) (3) of the same judgment have been invalidated. In other words, it is evident that the defendant 2 received money from the defendant 2 after he committed an unlawful act of destroying and burning the existing records (Preparation of the Gangseo Police Station report) which were disadvantageous to the non-indicted 1, and it is obvious that he received the money provided by the defendant 2 after he committed an unlawful act. Thus, each acceptance of bribe by the defendant 1 should be subject to the application of Article 131 (29 (1) (2) of the Criminal Act.

Justices Kim Jong-soo (Presiding Justice)