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(영문) 서울고등법원 2014.11.20 2014노2338
수뢰후부정처사등
Text

1. The part of the judgment below against Defendant A and B shall be reversed.

Defendant

A Imprisonment of one year and six months and fine of 12,000.

Reasons

1. Summary of grounds for appeal;

A. Defendant A and B1 of the facts constituting the crime of the judgment of the court below, Nos. 1. A and 12 of the list of crimes of 1.a. and 2 of the judgment of the court below, Defendant A and B of the judgment of the court below, and Defendant B of the judgment of the court below, upon Defendant B’s request to see one’s own large children who are mixed with Defendant A, and Defendant A of the judgment of the court below, 205 BE apartment 205, 805 (hereinafter “the apartment of this case”).

(2) Each sentence (Defendant A - a year of imprisonment, a fine of KRW 10 million, an additional collection of KRW 550,000, KRW 5650,000; KRW 1 year of imprisonment; KRW 1,810,562,115) which the lower court rendered against Defendant A and B is unreasonable, as the lower court found the Defendant guilty of this part of the facts charged.

B. Defendant F, H, I, J, K, M, and N: Each sentence imposed by the lower court on the said Defendants (Defendant F, H, I, J, J, K, and M: each fine of KRW 7 million, and Defendant N: KRW 5 million) is too unreasonable.

C. Prosecutor: The court below's decision on the inappropriate sentencing of Defendant A and B on the above Defendants is too uneasible and unfair.

2. In the trial of the court below, the prosecutor of the Amendments to Bill of Indictment applied for the permission of this court to withdraw the charges concerning the acquittal of the reasons of the judgment below.

However, this part is virtually excluded from the subject of the trial due to the lack of appeal by the prosecutor, and the judgment of the court below is not reversed ex officio on the grounds of changes in indictment, and it is judged on the grounds of each appeal by the

3. Judgment on the appeal of mistake of facts against Defendant A and B

A. In full view of the following circumstances acknowledged by the evidence adopted by the lower court, the lower court’s judgment on the instant apartment without compensation by Defendant B.

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