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All appeals filed by the Defendants and the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. In full view of the evidence submitted by the prosecutor in the part 1 to 3 of the judgment of the court below against Defendant A, the court below acquitted Defendant A of this part of the facts charged that Defendant A received a bribe after receiving a request from the game room business owner K for delivery of convenience such as providing control information on the game room, etc., or after committing an unlawful act as described in the above No. 1, but the court below acquitted Defendant A of this part of the facts charged, which affected the conclusion of the judgment, such as misconception of facts against the rules of evidence. 2) In full view of the evidence submitted by the prosecutor in the part 4 and 5 of the judgment of the court below, the court below found Defendant A guilty of this part of the facts charged that Defendant A received a bribe as stated in the above No. 1 of the judgment of the court below, including the provision of control information on the game room, but the court below acquitted Defendant A of this part of the facts charged, which affected the conclusion of the judgment by misapprehending the legal principles on the crime of bribery, or by misapprehending the facts that affected the judgment.
B. As to each sentence of the lower court (Defendant A: imprisonment of 1 year and 6 months and fine of 10 million won, Defendant B: imprisonment of 8 months) against the Defendants, the Defendants asserted that the Defendants are too unreasonable and unfair, and the prosecutor asserts that the Defendants are too uneasible and unfair.
2. Determination
A. 1) Determination of the assertion of mistake of facts, etc. 1) The lower court acquitted the Defendant of this part of the charges on the grounds that it is difficult to view that the K’s statement, which is a valuable evidence of this part of the facts charged, has credibility, and there is no other evidence to acknowledge this differently, based on the records.