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(영문) 서울고등법원 2014.01.17 2012노1223
뇌물수수
Text

All of the first and second original judgments shall be reversed.

A defendant shall be punished by imprisonment for a term of two years and a fine of twenty million won.

The defendant above.

Reasons

Summary of Grounds for Appeal

Defendant

Summary of Grounds for Appeal

misunderstanding of facts or misunderstanding of legal principles: The fact that the defendant receives money from G is the acceptance of acceptance of bribe as stated in the judgment of the second court, but it is the acceptance of advisory fees for consultation on matters to be reflected in the design of environmental-related facilities.

The defendant was commissioned as a design advisory member, not a design advisory member, and according to Article 19(7) of the design advisory committee's operational guidelines, the defendant is not a design advisory member, and the defendant is not a design advisory member, and therefore he is not a public official.

Furthermore, Article 11 of the Korea Environment Corporation Act provides that the executives and employees of the Corporation shall be deemed public officials when giving or receiving a bribe in connection with the duties of the Corporation. Thus, the defendant does not receive money in relation to the duties of the Corporation, so it is not recognized as business relationship

The Defendant’s receipt of money from G is prior to being selected as a deliberation committee member on the “E-Creation Project” (hereinafter “instant project”), and thus, should be subject to prior acceptance of bribery.

The sentence of unfair sentencing (the first judgment of the court below): imprisonment for a year and June, a fine of 20 million won, additional collection of 20 million won, and the second judgment of the court of the court of the second instance: imprisonment for a period of two years, a fine of 20 million won, additional collection of 20 million won, and 20 million won) is too unreasonable.

The sentence of the judgment of the first instance court by the prosecutor is too uneasible.

Judgment

Judgment on the grounds for appeal by the defendant and prosecutor ex officio shall be made ex officio.

A prosecutor shall revise the applicable provisions of each judgment of the court below to "Article 129 (1) and Article 134 of the Criminal Act, Article 45 (2) and Article 5-2 of the Construction Technology Management Act, and Article 2 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes," and "member of the Korea Environment Corporation Design Deliberation Subcommittee" in the charges shall be "Korea Environment Corporation and Design Advisory Committee."

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