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(영문) 서울고등법원 2020.06.19 2018재노74
특정범죄가중처벌등에관한법률위반(뇌물)등
Text

The judgment below

The part against the defendant shall be reversed.

Defendant is sentenced to 6 years of imprisonment and fine of 250 million won.

Reasons

1. The following facts are acknowledged according to the progress records of the case.

A. On June 25, 2015, the above court rendered a judgment against the Defendant on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery), acceptance of bribe, and bid obstruction, etc. on the grounds of the charge of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery), acceptance of bribe, and bid obstruction, and the Defendant filed an appeal against this.

B. In Seoul High Court case 2015No2028, the appellate court, on December 24, 2015, the appellate court reversed the judgment of the court below on the grounds that “an amendment to a bill of amendment to a bill of amendment that selectively adds points to the tender interference with the facts charged”, and rejected Defendant’s assertion of mistake of facts, thereby finding Defendant guilty of interference with bidding among the charges of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) and the charges of bribery and selective charges. The above violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) and the charges of bribery shall be punished concurrently with imprisonment. The court of appeal selected imprisonment with prison labor for each of the above crimes as concurrent crimes under the former part of Article 37 of the Criminal Act, and selected imprisonment with prison labor for each of the above crimes as concurrent crimes under the former part of Articles 37 and 250 million won, and decided that Defendant’s each of the crimes shall be punished by imprisonment with prison labor for up to 150 million won.”

A. The Court rendered a ruling.

On March 24, 2016, the Defendant appealed, but the judgment of dismissal of the Supreme Court became final and conclusive on the same day.

C. On October 26, 2017, the Constitutional Court shall make the first time after May 14, 2014.

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