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(영문) 부산고등법원 2019.06.26 2018노768
국제상거래에있어서외국공무원에대한뇌물방지법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles are foreigners of Canada's nationality. Of the facts charged against the defendant, the "No. 1-C(3) and 1-C(6) of the original judgment of the court below seems to be a clear clerical error of "No. 1-D(2)" in the latter half of the 15th 10th 10 trial decision of the court below.

As the offering of a bribe to each foreign public official mentioned above (hereinafter referred to as “each crime committed in Malaysia”) was conducted in a foreign country, the provision on the scope of application of the Criminal Act to foreigners does not constitute a “domestic crime of foreigners” under Article 2 of the Criminal Act, but the exception provision does not constitute a “foreign crime of foreigners” under Article 5 of the Criminal Act.

Ultimately, although the criminal law of the Republic of Korea is not applicable to the defendant, the court below found the defendant guilty of each crime in Malaysia.

In this context, the lower court erred by misapprehending the legal principles on the scope of application of the Criminal Act, thereby affecting the conclusion of the judgment.

B. The sentence imposed by the lower court (two years of suspended execution for one year of imprisonment, two million won of fine) is too unreasonable.

2. Determination

A. (1) The judgment of the court below on the assertion of mistake of facts and misapprehension of legal principles (1) also asserted the same as the grounds for appeal in this part, and the court below rejected the above assertion by the defendant's assertion and its decision based on the relevant legal principles in the judgment.

The judgment below

Examining the reasoning in comparison with the relevant legal principles and the evidence duly adopted, the judgment of the court below is reasonable, and there is no error in the misapprehension of legal principles as to the scope of application of the Criminal Act.

(2) In the application of Article 2 of the Criminal Act to determine the addition of the party deliberation (A) In the case of a co-principal, a co-principal shall be deemed a crime subject to public offering, and Supreme Court Decision 198 November 198.

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