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(영문) 서울고등법원 2018.09.06 2017노3584
특정범죄가중처벌등에관한법률위반(뇌물)
Text

The judgment of the court below is reversed.

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

The above fine shall be imposed on the defendant.

Reasons

In light of the misunderstanding of the legal principles as to the establishment of a single crime including the summary of the grounds for appeal, there is an interval of time between the crime of bribery of this case and the crime of bribery of this case, the purpose of offering a bribe, the circumstances leading to offering a bribe, and the actual subject of offering a bribe, etc., each of the crimes of this case cannot be deemed as having been single and continuous, or having the same criminal method.

However, the judgment of the court below that applied Article 2 subparagraph 3 of the Act on the Aggravated Punishment, etc. of Specific Crimes to the defendant on the ground that each of the crimes of this case was a single comprehensive crime is erroneous in the misapprehension of legal principles as to a single comprehensive crime.

The punishment of the court below (the suspended sentence of 5 years, the fine of 60 million won for 3 years) is too unreasonable.

The summary of the facts charged in the instant case as to the grounds for appeal is that E Housing Redevelopment and Improvement Project Association (hereinafter “E”) is a corporation established with the purpose of removing old buildings with a size of 38,004m2 in Busan Metropolitan Government Fran-gu and constructing new buildings on the site, thereby improving urban and residential environments.

From July 26, 2007 to the present date, the Defendant is a person in charge of overall management of the partnership’s affairs while working as the president of the redevelopment partnership. The Defendant appears to have been a clerical error in the “On April 27, 2017,” as stated in the written indictment of death (see, e.g., evidence records 1040 pages) in the name of the company that was a director of the redevelopment partnership from July 26, 2007 to the time of death; H was a person in charge of overall management of the affairs, such as the removal order, as the president of the redevelopment partnership (hereinafter collectively referred to as “I”), and K was a person in charge of overall management of the affairs, such as construction order, and removal order, under the name of the company that was a removal company (hereinafter referred to as “No. 27, 2017”), and H was a person in charge of the affairs, such as removal order, under the name of the company that was a general manager.”

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