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(영문) 부산고등법원 2017.06.22 2017노58
특정범죄가중처벌등에관한법률위반(뇌물)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of four years and six months, and a fine of KRW 150,00,000.

The defendant above.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (a punishment of 6 years of imprisonment and a fine of 150 million won, etc.) is too unreasonable.

[Defendant asserted as the ground for appeal that there was a mistake or misunderstanding of the legal principles as to the part of receiving KRW 100 million in cash around June 15, 2010 (the part exceeding KRW 95 million) and the part concerning the violation of the Act on the Regulation and Punishment, etc. of Concealment of Criminal Proceeds, among the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) in the original judgment. However, as seen earlier, on June 15, 2010 (the amount received shall be reduced to KRW 95 million from KRW 100,000), the Defendant led to an amendment of the bill of amendment to the part receiving KRW 100,000 in cash (the amount received shall be reduced to KRW 95,00,00) and the part concerning the violation of the Act on the Regulation and Punishment, etc. of Concealment of Criminal Proceeds at the fourth hearing on June 15, 2010 (Confession).

Accordingly, the Defendant would have withdrawn the assertion of misunderstanding the above facts or misunderstanding the legal principles, and thus, it is not judged separately.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Prior to the judgment on the grounds for appeal by both parties of the judgment ex officio, the prosecutor examined ex officio prior to the judgment on the grounds for appeal by the prosecutor, and the prosecutor applied for the amendment of the indictment (the gist of the judgment is to reduce the amount of KRW 100 million as stated in the initial facts charged, and the applicable legal provision is to change it to Article 2 (1) 1 and 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes) against the defendant as stated in the part of each of the facts charged in the instant case (the part that received KRW 100 million in cash around June 15, 2010) and changed to the subject of the judgment by the court.

In that sense, the above changes are made.

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