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All appeals by the Defendants are dismissed.
Reasons
1. The court below found the Defendants not guilty on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) due to the acceptance of bribe among the facts charged in the instant case, and found the Defendants guilty on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) due to the promise of bribe under Article 1 (1) of the criminal facts contained in
Accordingly, the Defendants filed an appeal on the guilty portion on the grounds of unfair sentencing, and the prosecutor did not file an appeal.
Therefore, the part of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) due to the acceptance of bribe, which the court below acquitted, shall be deemed to have been exempted from the object of attack and defense between the parties. Therefore, the conclusion of the court below is not followed and
Ultimately, the scope of the court's judgment is limited to the conviction of the Defendants among the judgment below.
2. The summary of the grounds of appeal is unreasonable in light of the following: (a) Defendant A both recognized the crime and is in depth against each other; (b) not under circumstances to pay the fine; and (c) Defendant B did not have previous records and the wife and two children to support; and (d) reflects the depth of his mistake, the sentence of the lower court against the Defendants (each of three years of imprisonment and suspension of execution, five years of suspension of execution, and fine of thirty million won) is too unreasonable.
Defendant
B, in the initial statement of grounds for appeal, only agreed to borrow KRW 50 million from C with respect to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) but not with the promise to receive a bribe, and there was a mistake of facts with Defendant A to the effect that there was no intention to accept a bribe with Defendant A, but withdrawn the allegation of mistake on the date of the first trial on September 5, 2014.
3. Determination
A. The part concerning Defendant A pertaining to the trial of the lower court.