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All parts of the first and second original judgments, excluding compensation order, shall be reversed.
Defendant
S. Imprisonment.
Reasons
1. Summary of grounds for appeal;
A. Under the below, the defendant uses the title "the defendant" only for the defendant who falls under each item, and the remaining defendants shall state only their names.
1) Of the first judgment of the court below, the Defendant asserted the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery). (1) The Defendant conspired with A to receive money and valuables in return for the selection of the removal service provider from T, but the Defendant found the Defendant guilty of this part of the facts charged as evidence.
② At the time of receiving the instant money and valuables, W Co., Ltd. (hereinafter referred to as “W”) with A’s representative was not a specialized management business entity of the Housing Redevelopment and Improvement Project Cooperatives (hereinafter “V”) in Zone V at the time of receiving the instant money and valuables, and there is no record of performing any business related to the union, and thus, A’s act of receiving the instant money and valuables is not recognized as having a duty relationship.
Nevertheless, the judgment of the court below which found the defendant guilty of this part of the facts charged as an accomplice under Article 33 of the Criminal Act on the premise that the crime of bribery is established.
B) Of the judgment of the first instance, the Defendant asserted the injury: (i) did not exercise any physical power or physical contact with the victim AE; (ii) did not have the intent of injury; and there is no causal link between the Defendant’s behavior and injury; (iii) the Defendant’s act is dismissed as constituting a justifiable act, as it is aimed at preventing the victim from interfering with duties and duties and harming AJ by entering the V- Zone Partnership Office; and (ii) the punishment (two years of imprisonment, fine of KRW 20 million, penalty of KRW 120 million, penalty of KRW 120 million) sentenced by the judgment of the court of unfair sentencing is too unreasonable.
B. Defendant A1 mistake or mistake of facts.