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(영문) 서울고등법원 2013.05.23 2012노4430
특정범죄가중처벌등에관한법률위반(뇌물)등
Text

The judgment below

Of the guilty parts (not guilty on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes).

Reasons

[3]

I. Judgment of ex officio due to changes in indictment 5

Ⅱ Judgment on the Defendant’s misunderstanding of facts or misapprehension of legal principles

1. Parts concerning violation of the Political Funds Act due to the number of money or goods related to public order from H 5;

A. Summary of the charge 5

B. Summary of the defendant's assertion 6

C. Judgment of the court below 7

D. Judgment of this Court 9

E. Sub-committee 24

2. Parts concerning violation of the Political Funds Act due to the receipt of money and valuables from J related to Incheon;

A. Summary of the facts charged 25

B. Summary of the defendant's assertion 26

C. Judgment of the court below 26

D. Judgment of this Court 28

E. Sub-committee 44

3. Part concerning acceptance of bribe due to the number of merchandise coupons equivalent to KRW 20 million from N 45

A. Summary of the defendant's assertion 45

B. Judgment of the court below 45

C. Judgment of this Court 48

D. Sub-committee 57

4. Part concerning violation of the Public Official Election Act due to contribution of merchandise coupons 58;

A. Summary of Defendant’s assertion 58

B. Judgment of the court below 58

C. Judgment of this Court 61

5. Part concerning violation of the Public Official Election Act due to provision of money and goods related to the election campaign against B; and

A. Summary of the charge 69

B. Summary of the defendant's assertion 69

C. Judgment of the court below 69

D. Judgment of this Court 70

E. Sub-committee 71

Ⅲ. Judgment on the Prosecutor’s misunderstanding of facts or misapprehension of legal principles

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery);

A. Summary of the prosecutor's assertion 71

B. The judgment of the court below 71

C. Judgment of this Court 76

2. Part on the acceptance of a third person 76

A. Summary of the facts charged 76

B. Determination 77

3. Violations of the Public Official Election Act due to offering money or goods related to the election campaign to E;

A. Summary of prosecutor's assertion 81

B. Judgment of the court below 81

C. Judgment of this Court 83

Ⅳ In conclusion, the summary of the facts charged 83 criminal facts 88-2 and 89 of the 88-2-2-2-2-2-2-2-2-2-2-2-2-2-2-2-2-2-2-2-3-2-2-2-2-3-2-2-3-2-3-2-3-2-2-3-2-3-2-3-2-3-2-3-2-3-2-3-2-3-2-3-2-3-2-3-2-4-2-3-2-3-3

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