The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment with prison labor for a year and a fine of ten million won.

Defendant.

1. The lower court found the Defendant guilty on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) and the violation of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons among the facts charged in the instant case and acquitted the Defendant of coercion.

The prosecutor and the defendant appealed against this, and the prosecutor withdraws an appeal against coercion from the judgment of the court below on the first trial date of the court of first instance, so the part of coercion in the judgment of the court below was separated and finalized.

Therefore, the scope of the court's judgment is limited to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons.

2. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts

(2) The lower court determined that the price of the instant musical instrument could not be specified by mistake of facts, and that the Defendant included the price for passing the said musical instrument. In so doing, the lower court erred by misapprehending the facts. (2) In so doing, the lower court erred by misapprehending the facts, which led to the lower court’s judgment on unreasonable sentencing (one year of imprisonment) on the grounds that the sentence imposed by the Defendant (four years of imprisonment) is too unreasonable.

B. The prosecutor (the fact-finding and the misapprehension of legal principles) 1 did not collect the amount of the defendant's acceptance of the bribe from 10 million won to 180 million won, even though according to the arguments, since the amount of the defendant's acceptance of the bribe is "the amount of not less than 10 million won but not more than 180 million won."

2 Even though there was an agreement between the Defendant and E on the determination of the purchase price of the instant musical instrument as KRW 180 million, the lower court erred by misapprehending this and failing to specify the value of the musical instrument.

3. Judgment on the grounds for appeal by the defendant and prosecutor ex officio.