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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2018.05.25 2017노4784
뇌물수수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for a year and two months, and a fine of 11 million won.

The above fine shall be imposed on the defendant.

Reasons

The summary of the grounds for appeal is not consistent with the misunderstanding of the facts of the defendant or misunderstanding of the legal principles (Article 1 through 4, 6, and 7 of the facts charged) G’s statement, and its credibility is not recognized, such as being contradictory to objective data proving the defendant’s Albaba, etc.

Nevertheless, the court below convicted the industrial accident patients J, M, N,O, P, and Q of facts charged on the premise that the above statement was reliable. The court below erred by misapprehending the legal principles on the acknowledgement of facts or by misapprehending the facts charged.

The punishment of the court below (the punishment of 1 year and 8 months, the fine of 35 million won, the additional collection of 17 million won) is too unreasonable.

The prosecutor's misunderstanding of the facts charged (Article 5 of the facts charged) G consistently stated the circumstances and method of giving a bribe to the defendant.

Nevertheless, the judgment of the court below rendered not guilty of the charges No. 5 (the part concerning acceptance of bribe related to industrial accident patients T), and the judgment of the court below erred by erroneous determination.

The sentence of the court below which is unfair in sentencing is too uneasible and unfair.

As to the Defendant’s assertion of misunderstanding of facts or misapprehension of legal principles, the Defendant asserts that there was no lack of G at the time and place indicated in the industrial accident patients M, N,O, and P-related bribery part (Articles 2 through 4, and 6 of the facts charged).

In the written indictment, ① the acceptance of a bribe related to the industrial accident patient M is around July 21, 201 (2) and around 18:30 (2) of the facts charged); ② the acceptance of a bribe related to the industrial accident patient N is “ around January 13, 201 (3) and around 18:30 of the facts charged (3)”; ③ the acceptance of a bribe related to the industrial accident patientO is “ around 18:30 of September 16, 2010 (4) of the facts charged); ④ the acceptance of a bribe related to the industrial accident patient P is “ around 12:30 of August 12, 2010 (2)” (6) and each “the receipt of a bribe related to the industrial accident patient P is delivered in cash within G in the middle of G in the middle of the G high school located in Gyeyang K.

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