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(영문) 부산고등법원 2014.06.12 2014노2
수뢰후부정처사
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor, the court below acquitted the defendant who is in charge of the work of the construction supervisor of the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of the construction work of

B. The sentence imposed by the lower court (one year of imprisonment, two years of suspension of execution, additional collection of KRW 23,300,000) is too unjustifiable and unreasonable.

2. Prior to the judgment on the grounds for appeal, the prosecutor tried to examine ex officio prior to the judgment, and the part 2 to 7, which was the third party of the charges of this case, and the defendant, who was ordered by the Dong-gu Office on December 5, 2007, was in charge of the construction supervisor's duties of the "Lday Road Construction Work" as ordered by the Dong-gu Office on December 5, 2007, and without directly performing construction work by Dong-gu Construction Corporation, a construction contractor, and did not report a subcontract to the contracting authority, but at least 30,80,000 won to the F on August 1, 2008, it was discovered around that time, but without taking measures such as reporting, corrective order, contract cancellation, imposition of fines for negligence, and accusation to the investigation agency on September 26, 2008.

An application for amendment to a bill of amendment was filed, and the subject of the trial was modified by this court, and the court is found guilty of the modified facts of the indictment as shown below, and the part of the crime of illegal acceptance after the acceptance of the bribery is related to the crime of illegal acceptance after the acceptance of the bribery which was found guilty by the court below, and a single punishment should be sentenced.

Therefore, the judgment of the court below shall be maintained any more.

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