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(영문) 부산고등법원 2014.08.21 2014노332
뇌물요구
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding 1) The Defendant did not demand a bribe at the time of the original trial on the part of F while making the statement as stated in paragraphs 1 through 3 of the crime. The F’s statement that corresponds to the facts charged is as follows: ① demand of a police officer to give a bribe from a person to be polled in the police station during working hours goes against ordinary common sense; ② He’s statement is highly difficult to obtain; ② F’s statement is submitted in the Defendant’s disciplinary procedure; ④ the F intentionally recorded the contents of the Defendant’s telephone with the unsound purpose; ④ the Defendant’s telephone intentionally recorded the Defendant’s telephone for 23 years; ⑤ the Defendant was faithfully working as a police officer for 23 years, there is no credibility in light of the following: (i) the recording file in which the monetary content recorded between the Defendant and F was recorded (hereinafter “instant recording file”) as a duplicate of the original file; (ii) the fact that it was not modified in the same sex and process as the original file; (iii) the recording of this case’s statement is not admissible as evidence.

Even if the admissibility of the above recording file is recognized, the content of the recording file is not a demand for a bribe, but a demand for the smooth resolution of the case by paying the agreed amount to E in connection with the accusation case.

3) Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment. (B) The lower court’s sentence of imprisonment and fine of KRW 6 million, which was sentenced by the lower court, is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The defendant's defense counsel is arguing only the admissibility of the recording file of this case in the statement of grounds of appeal, but the recording file in which the recording file of this case was written is also included in the recording file.

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