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(영문) 전주지방법원 2016.09.02 2016노82
특정범죄가중처벌등에관한법률위반(알선수재)등
Text

Defendant

All appeals filed by A, C and Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (unfair punishment)’s imprisonment (one year and six months of imprisonment, and additional collection) is too unreasonable.

B. Defendant C1) In so doing, Defendant C’s misapprehension of the legal principle is deemed to fall under the scope of a private school case and does not constitute a bribe. In addition, even if the value of the red ginseng dust in the articles of incorporation was not specified, the lower court found Defendant C guilty of this part of the facts charged due to misapprehension of the legal principle and committed an error in sentencing an unfair sentencing sentence (2) the lower court’s punishment of unfair sentencing (a fine of one million won, suspension of qualification suspension, suspension of collection) is too unreasonable.

C. According to the prosecutor’s evidence, even if Defendant A delivers a bribe to Defendant B, C (the part not guilty in the original trial), and D as stated in this part of the facts charged, and the fact that Defendant B, C (the part not guilty in the original trial), and D accepted a bribe from Defendant A is sufficiently recognized, the lower court erred by misapprehending the legal principles that found the Defendant not guilty of all the facts charged.

2. Judgment on the prosecutor's assertion

A. Defendant B, who was in office as PT (technical officer, Grade IV public official) from March 17, 2011 to November 13, 2012, was in general in charge of the performance of duties, such as the implementation of the competent registry. From November 14, 2012 to the recent year, Defendant B worked as Z of the Ministry of Land, Infrastructure and Transport.

Defendant

A received a request from the representative director L of K Co., Ltd. (hereinafter referred to as "K"), and the executive director M of the business to request the public officials in charge to deliver the operation report to K in advance. From July 2010 to December 18, 2013, A worked as the honorary chairperson of K from July 2010 to December 2013.

1. Defendant B received money and valuables equivalent to KRW 20,495,000 in total on four occasions during the following four occasions during the period from May 2012 to February 2013 as follows with respect to his/her duties among police officers during the period from May 2012.

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