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(영문) 서울고등법원 2017.09.01 2016노4190
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

The judgment below

Among the innocence portion, the defendant A shall be subject to the aggravated punishment, etc. of the Specific Economic Crimes.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts and misapprehension of legal principles, Defendant A did not demand employment from AE in 2008, AF in 2009, and offered AB membership from AF.

In light of the employment level of defense enterprises for former military officers, Defendant A’s entry into AB as the head of the department is not an ordinary level. Defendant A did not have intention to commit bribery, and there was no relationship with his/her duties.

2) The sentence of the lower court (two years of imprisonment with prison labor, three years of suspended execution) is too unreasonable.

B. Defendant C1’s misunderstanding of facts and misapprehension of legal principles revealed that even if the required time, etc. is indicated 24 hours in the “inward test report at the distance of air,” the survey was conducted 24 minutes in the survey data attached to the assessment report, and the test run at the distance of sea under water does not differ from the result even if the assessment time differs, the test run at the distance of sea does not have a false statement.

The defendant did not have intention to prepare a false official document, and there was no fact that he conspired with Y.

2) The sentence of the lower court (an amount of KRW 5 million) that is unfair in sentencing is too unreasonable.

(c)

Defendant

B1) misunderstanding of facts and legal principles, Defendant B merely performed his duties as a field management personnel belonging to the Defense Acquisition Program Administration and did not have any perception that he would provide convenience to AB.

Defendant

B did not request AB to AE in 2008, AF in 2009, and received a proposal for AB membership from the head of A Q Q.

Defendant

B's membership in AB is an ordinary level in light of the level of employment of all military soldiers in the military.

Defendant

B did not have the intention to commit the crime of bribery, and there was no relationship with his duties.

2) The sentence of the lower court (two years of imprisonment with prison labor, three years of suspended execution) is too unreasonable.

(d)

1) The prosecutor's misunderstanding of facts and misapprehension of legal principles) Defendant A's violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (1) operation of W fuel cell.

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