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(영문) 서울고등법원 2017.08.10 2017노140
부정처사후수뢰등
Text

Defendant

All appeals filed by A and D and prosecutor against Defendant A, C and E are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A 1) The Defendant confirmed and prepared on-site all the remaining life expectancys except Nos. 2, 3, and 4 of [Attachment 1] Crimes List 2, 3, and 4 as indicated in the judgment of the court below.

Although the defendant received some on-site photographs from the on-site business trip employees and took the approval, it was confirmed whether it was corrected or not.

The defendant did not have the intention to prepare a false official document and to commit the same act.

2) The sentence sentenced by the lower court (one year of imprisonment with prison labor for four months and one year of suspended execution) is too unreasonable.

B. Defendant D1) In the case of Defendants on the grounds of misunderstanding of facts and legal principles, the Defendants did not make a confession differently from the Defendant, and was indicted on the basis of the same evidence, and was acquitted.

The defendant made a false confession by considering the detention investigation and additional disadvantage in the future.

In relation to the crime of bribery and the crime of ex post facto bribery, it is difficult to believe that S andN statements are made.

The defendant did not have the intention to prepare a false official document and to commit the same act.

The lower court erred by misapprehending the facts, since it adopted evidence that has no admissibility of evidence or rendered a guilty judgment on the basis of evidence that has no credibility.

2) The punishment sentenced by the lower court (the imprisonment of 10 months, the suspended sentence of 2 years, the fine of 16 million won, the additional collection of 13 million won) is too unreasonable.

(c)

(1) The prosecutor’s misunderstanding of facts and misapprehension of the legal principles) After Defendant A’s illegal disposal against Defendant A, the fact that the acceptance of the bribe was made by the accomplice, the statements by public female S, and the statements made by the Defendant in investigative agencies and AD are reliable, the legal statements by AD and the Defendant’s legal statements by the investigative agencies and AD are low, and it is practically impossible to commit a crime solely by NN mixed, and the lower court acquitted Defendant of this part of the facts and misapprehension of the legal principles.

B) The statement of S by the Defendant C (1) is reliable, and the Defendant also recognized the crime by the police.

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