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(영문) 광주고등법원 2016.01.21 2015노408
특정범죄가중처벌등에관한법률위반(뇌물)등
Text

1. Defendant A

A. The judgment of the court below against Defendant A violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery).

Reasons

I. Summary of reasons for appeal

1. Defendant A’s assertion of misunderstanding of the facts and misapprehension of the legal principles [as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery)] was received KRW 15 million from Defendant Haman on May 2010 as election funds and contributed money equivalent to the same amount to E around that time.

However, as stated in this part of the facts charged, the Defendant did not receive money in return for each of the KRW 10 million from early May 2010, and around May 20, 2010, and around September 6, 2010.

Therefore, the lower court’s judgment convicting this part of the facts charged is erroneous by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2. Defendant E’s assertion of misunderstanding of facts did not know that the money was paid for political activities at the time of receiving KRW 15 million from A.

3. Each sentence of the lower court’s argument on the Defendants’ unfair sentencing [1] Penalty of 4 years of imprisonment and fine of 60,000,000, additional collection of 30,000,000 won for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) as indicated in the holding of the lower judgment, and fine of 8,00,000,000 won for the crime of violation of the Political Fund Act; 2 years of imprisonment for 2 years of suspension of execution, 3 years of suspended execution, 3 years of imprisonment for 3 years of probation, Defendant E: fine of 8,00,000, additional collection of 15,00,000 won]

Ⅱ H. H. H. H. H.

1. Judgment on Defendant A’s assertion of misunderstanding of the facts and misapprehension of the legal principles [as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery)]

A. 1) An ex officio determination on the grounds for appeal by the prosecutor is made prior to the judgment on the grounds for appeal by the prosecutor. The prosecutor maintains the existing facts charged as to this part of the facts charged in the first instance trial as the primary facts charged, (1) the name of the crime is acceptance of bribe from violations of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) and (2) Article 2(1)3 and (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 129(1) of the Criminal Act, Article 2(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment, etc.”) and Article 3 of the facts charged as follows.

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