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(영문) 광주지방법원 순천지원 2017.11.01 2017고단183
상해등
Text

Defendant

A Imprisonment with prison labor for eight months and for six months, respectively.

except that from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A, from around 2008 to December 31, 2015, had been appointed as the head of H Village G located in Gojin-gun G from January 1, 2016 to the police officer of the same month. While Defendant A stated in the indictment that “it shall be the head of the development committee of the above village until now,” Defendant A shall be the chairperson of the development committee of the above village. However, Defendant A’s legal statement of Defendant A (as at the second trial date) shall be considered as criminal facts by correcting the facts charged ex officio and recognizing it as criminal facts.

Defendant

B, as a management director of the I Company, intended to establish the above ready-mixed Company factory in the J elementary school site in the above village, but was in mind to solve this problem through the above A, in order to have difficulty in establishing the factory due to the opposition of the new mother and village residents.

1. Around January 6, 2016, Defendant B issued KRW 20 million upon solicitation to the effect that, with respect to the issue of establishing a factory of the above ready-mixed company at the J elementary school located in the Republic of Korea, the above ready-mixed company A, “the village residents opposing the establishment of the factory, who paid money or goods, and received written consent,” to the effect that “the above ready-mixed company factory is established in the above village.”

Ultimately, the Defendant made an illegal solicitation and provided property to the above A.

2. Defendant A

A. As the chairman of the development committee of the above village at the above time and place, the Defendant has occupational duties to handle the affairs fairly and faithfully for the interest of village residents in managing the affairs such as the establishment of a factory in the village.

Nevertheless, the Defendant, in violation of his duties, received an illegal solicitation to the same effect as Paragraph 1, and received KRW 20 million in the above manner.

Ultimately, the Defendant received property in exchange for illegal solicitation from the above B.

B. The Defendant, on June 30, 2016, was suffering from a dispute with L, a resident of the same village in H Village G located in Gosong-gun, Gosong-gun on the same day, and the above ready-mixed factory occupancy problem.

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