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(영문) 서울고등법원 2017.08.09 2017노1013
특정범죄가중처벌등에관한법률위반(알선수재)등
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) misunderstanding the legal principles, Defendant B’s defense counsel’s defense counsel’s written opinion on June 16, 2017, following a separate judgment that received each of the following separate judgments, despite the fact that the crime of this case’s mediation acceptance and separate business obstruction are one comprehensive or ordinary concurrent crimes.

“To the effect that the crime of this case was committed, but the crime of interference with the business of this case was committed with a single or commercial concurrence.

Therefore, Defendant B’s defense counsel’s above assertion is without merit.

P subject to solicitation was a public official belonging to the original state’s technology standard at the time, but the public official was not actually in charge of new products certification since he/she was dispatched to the outside at the time. The officers and employees of the New Product Certification Center cannot be a public official referred to in the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Epis). Thus, the Defendants cannot be deemed to have received money and valuables in relation to the good offices

2) The illegal Defendants in sentencing were considered as the grounds for sentencing unfavorable to the Defendant that Defendant B made a request to P, but Defendant B did not make a request to P.

“The misunderstanding of facts on the grounds of sentencing was also asserted on the grounds of appeal, and the above argument was withdrawn on the first trial date of the first trial of the first instance.

The sentence of the lower court against the Defendants (Defendant A: Imprisonment with prison labor for 8 months and additional collection of 500,000 won; imprisonment for 1 year and 2 months and additional collection of 94,50,000 won) is too unreasonable.

B. The lower court’s sentence against the Defendants on the prosecutor is too unhued and unreasonable.

2. Judgment on the Defendants’ misunderstanding of legal principles

A. “Receiving money or other valuables or benefits with respect to the intermediation of matters falling under the duties of public officials” in Article 3 of the Act on the Aggravated Punishment, etc. of Specific Crimes is an act of receiving money or other valuables under the pretext of arranging matters falling under the duties of public officials.

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