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(영문) 서울북부지방법원 2016.08.25 2015노1828
뇌물수수등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A Imprisonment with prison labor of eight months and fines of eight thousand won,00,000.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (1) part of acceptance of bribe (misunderstanding of facts and legal principles) ① Defendant A merely received one million won in cash from L around November 3, 2012 [related to paragraph (1) of Article 2373 of the lower judgment] (2) Defendant A was accommodated in the same room of L and hotel around December 17, 2012, and thus, Defendant A was issued KRW 102,850 ( = 205,700 won for hotel accommodation) [300 won for hotel accommodation and 200 won ± 2000 won for each of the facts charged] [3] Defendant A was issued with respect to a total of KRW 200,000,000 as stated in the lower judgment, and KRW 206,000,000,000,000,000 won and KRW 373].

(2) The forced portion (misunderstanding of the facts and misapprehension of the legal principles) merely subcontracted to Defendant C Co., Ltd. (hereinafter “Defendant C”) with earth and sand, facility construction, and structure construction (hereinafter “the above expanded construction”) during the extension of the I pumps, in accordance with his own interest and free judgment, and Defendant A did not state to T as stated in the facts charged.

(3) The punishment sentenced by the court below to the defendant (the 2 years of suspended sentence in August and the 10,000 won of penalty, the 3,888,170 won of penalty) is too unreasonable.

B. Defendant B, Defendant B.

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