(영문) 전주지방법원 2017.11.24 2017노991 | 리걸엔진

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(영문) 전주지방법원 2017.11.24 2017노991

뇌물수수

Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) In the facts constituting the crime of which the lower court found the Defendant guilty of mistake of facts and misapprehension of the legal doctrine, the amount of KRW 1 million on December 29, 2015, as indicated in the judgment of the lower court, is KRW 3 million on January 26, 2016, and the same year.

4. 26.1 million won is a simple loan, and 400,000 won for travel expenses around July 2015 and 418,000 won for travel expenses around July 2016, not only are private and courtesy categories, but also all of the above amounts cannot be deemed as a bribe since they do not have a relation to Defendant A’s occupational act.

2) The sentence of the lower court (Defendant A: 6 months of imprisonment, 2 years of suspended sentence, 12 million won of fine, etc., Defendant B: imprisonment with prison labor for 6 months, 12 months of suspended sentence, 1 year of suspended sentence) is too unreasonable.

B. According to the evidence of mistake of facts and misapprehension of legal principles (not guilty part), Defendant A received a bribe equivalent to the sales profit from the church boomet and agricultural products (Oi-di-di-di-di-di-di-di-di-di-di-di-di-di-di-di-di-di-di-di-di-di-di-di-di-di-di-di-di-ti-ti-ti-ti-ti-ti-ti-ti-ti-ti-ti-ti-ti-

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. The defendants asserted that the judgment of the court below is identical to that of the defendants, and the court below rejected the above assertion in detail by stating in the column of "the defendants' assertion and its judgment". In light of the records, although the above judgment of the court below is partially improper or insufficient, the judgment of the court below is just in the conclusion that the court below convicted the defendants of this part of the facts charged, and there are no errors in the misapprehension of the legal principles or the misapprehension of the legal principles that affected the conclusion of the judgment as alleged by the defendants.

Therefore, the Defendants’ mistake of facts and mistake.

유사 판례

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