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(영문) 서울고등법원 2013.05.31 2012노3083
특정범죄가중처벌등에관한법률위반(뇌물)등
Text

The judgment below

The part of conviction against Defendant A (including the part of acquittal in the reason) shall be reversed.

Defendant

A shall be punished by imprisonment for two years.

Reasons

1. The respective sentence of the court below against the Defendants in the grounds of appeal (the defendant A: the imprisonment of five years and the fine of 80 million won, the additional collection of 107,000 won, the imprisonment of six months and the suspended execution of one year) is too unreasonable.

2. Determination

A. The prosecutor of this court against Defendant A accepted money and valuables from Defendant A and accepted each bribe from Defendant A, and the facts charged in the indictment.

3.(a)

(b).

Part P, S, V, and E received each bribe, and simultaneously offered victims with each bribe, and the facts charged as stated in the indictment.

3. D.

(f) A crime of occupational embezzlement by embezzlement of money stored in the victim G elementary school;

Indictment in Indictment

3. H.

Part was prosecuted as the facts charged.

The lower court found the Defendants guilty of the respective acceptance of bribe and occupational embezzlement from L, N, B, P, S, and V, and the respective acceptance of bribe from the victim P, S, V, and E, and the prosecutor charged only this part for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery).

After not guilty of Eul, the judgment of not guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) due to the acceptance of bribe against E and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) due to the acceptance of bribe against E, and the violation of attack against P, S, and V shall be found not guilty only on the grounds that the guilty of the crime of attack against P, S, and V is found

Since only the defendant A appealed and did not appeal to the prosecutor, only the guilty part against the defendant A (including the innocent part in the reason) among the judgment of the court below became subject to the judgment of the court, and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) and the conflict with the victim E among the judgment of the court below became final and conclusive.

B. Defendant A’s ex officio determination of conviction against Defendant A

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