(영문) 대전지방법원 2015.09.03 2015노1943 | 리걸엔진

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Reasons

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(영문) 대전지방법원 2015.09.03 2015노1943

뇌물수수

Text

The appeal by the prosecutor is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In full view of the fact that ①F is subject to criminal punishment as a witness of a bribe, and that the Defendant issued KRW 3 million to the Defendant, even if the statement regarding the amount of delivery was partially modified, the overall credibility of the FF statement should be recognized; ② J and K may be subject to criminal punishment in a case where the facts giving money to the Defendant are recognized; ② the credibility of the statement is low; ③ E is consistent from the beginning of an investigation to the original trial; ③ is consistently stated that the Defendant required F to take cash KRW 3 million through himself/herself as a bribe; and, accordingly, it is sufficiently recognized that the Defendant received KRW 3 million from F.

The judgment of the court below that recognized that the defendant received only two million won from F, and found the defendant not guilty on the part of one million won.

B. The sentence of unfair sentencing (two months of imprisonment and two million won of fine) by the court below is too unjustifiable and unfair.

2. Determination

A. 1) The lower court’s determination on the assertion of mistake of facts is insufficient to recognize that the Defendant received additional KRW 1,00,000,000 from F, in addition to the evidence submitted by the prosecutor, based on the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, in view of the fact that F’s statement in F and F’s protocol of interrogation of the Defendant’s suspect to the prosecution (secondly), which correspond to the facts charged, were changed differently from the first investigation agency’s statement. J and K consistently from the investigation agency to the court of the lower trial, and their statement to the effect that they did not have any fact that they delivered KRW 5,000,00 to F, and there is no other evidence to acknowledge it. 2) The lower court determined that there was no other evidence to acknowledge it, in addition to the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court.

유사 판례

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