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(영문) 서울고등법원 2014.11.21 2014노1793
특정범죄가중처벌등에관한법률위반(알선수재)등
Text

The judgment below

Of them, the part of S which was remanded to party members by the judgment of remand is received in KRW 300 million around October 2007.

Reasons

1. On September 12, 2007, 200 million won received from S from S on September 12, 2007, 30 million won and received from S on October 2, 2007, violation of the Political Funds Act, A and public offering on March 3, 2008 with respect to violation of the Political Funds Act.

4. Violation of 4-2 Special Family Law, which has been received KRW 100 million from S on April 3, 2012 from S, and received KRW 10 million from S on April 3, 2012.

A. The Defendant is abbreviationd as indicated below by the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (recovering) and the violation of the Aggravated Punishment, etc. of Specific Crimes (recovering

It was prosecuted as a violation of the Political Funds Act.

2) When specifying the facts charged below, it is specified in the same way as “the facts charged No. 1 and No. 2.” Of the facts charged in this case, the lower court acknowledged all guilty of the facts charged in the No. 1 through No. 4-1, and sentenced the Defendant for one year (additional collection KRW 140 million) to the Defendant, and found the Defendant not guilty for the facts charged in the No. 4-2. (c) The lower court acquitted the Defendant on the grounds of mistake of facts or misapprehension of legal principles and unfair sentencing. (i) The Defendant appealed on the part of the judgment of the lower court, on the grounds of mistake of facts or misapprehension of legal principles, and (ii) the prosecutor appealed on the part of the guilty, on the grounds of mistake of facts or misapprehension of legal principles, and the facts charged in the No. 2 through No. 4-1 and No. 1 and No. 4-2 prior to the remand of the case, and determined that the Defendant was not guilty.

Of the judgment of the party prior to remand, the defendant appealed against the conviction ①, and ② The prosecutor appealed against the acquittal. The judgment of the party prior to remanding is a legal principle regarding the evaluation of credibility of the statement of the person who provided money or other valuables, etc.

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