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(영문) 수원지방법원 2015.11.18 2015노2831
배임수재
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts, the Defendant received the money under Paragraph (1) of the crime of the lower judgment from D with a view to supporting the management office’s work of D, and the money under Paragraph (2) of the crime of the lower judgment, as indicated in the lower judgment, was used as a food expense by N to help the management office employees clean the apartment, and the money under Paragraph (3) of the crime of the lower judgment was merely received from R as supporting money, and did not receive any unlawful solicitation, such as the instant facts charged.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. Regarding the police statement and protocol of interrogation of the suspect as to R in the misapprehension of the legal principles, since it is impossible to make a statement on the trial date because R died, but there is no circumstance to guarantee the credibility or arbitability of the above statement, it cannot be deemed that the statement or protocol was made under particularly reliable circumstances, the above protocol is inadmissible.

Nevertheless, since the court below adopted the protocol of statement and protocol of interrogation of R as evidence, it erred by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Determination

A. As to the assertion of misapprehension of legal principles, first, according to the health unit, and the record, the defendant consented to the interrogation protocol of the police officer as evidence on May 21, 2014 at the second trial of the court below. Thus, the interrogation protocol of the police officer as to R is admissible.

The next written statement about R is considered to be made by the police.

A protocol in which a senior judicial police officer makes statements from persons other than the suspect, shall be made by the statement of the person who made the statement at a preparatory hearing or during a public trial, or shall be the requirement of Article 314.

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