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(영문) 전주지방법원 2018.01.12 2017노1569
사기등
Text

All appeals filed by prosecutors and Defendant B shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to all the evidence of the prosecutor (misunderstanding of facts and misapprehension of legal principles) 1) the delivery of a bribe to Defendant A and the acceptance of a bribe to Defendant B (main facts charged), Defendant B received a bribe amounting to KRW 10,50,000 from Defendant A, and Defendant A fully recognized the fact that the same amount was given as a bribe, the lower court erred by misapprehending the facts and misapprehending the legal principles, thereby finding the Defendant A not guilty of the offering of a bribe to Defendant A and the offering of a bribe to Defendant B.

2) According to the evidence of the violation of the law of defense (part of the ancillary charges) as to the number 10,40,000 won in the list of crimes in the annexed Form Nos. 1 and 4 in the judgment of the court below against Defendant B, the court below found Defendant B guilty of this part of the charges due to the mistake of fact, even though it sufficiently recognizes that Defendant B received from Defendant A the same from Defendant A, the court below acquitted Defendant B of this part of the charges.

B. Defendant B (1) The Defendant did not receive money as stated in the facts charged, and even if so, the Defendant did not receive money.

Even if the defendant borrowed money from A, the defendant does not receive money under the pretext of solicitation or mediation for the case or affairs handled by the public official.

2) The sentence of the lower court (one year of imprisonment with prison labor, one year of suspended execution, and additional collection) that was unfair in sentencing is too unreasonable.

2. Determination of the Prosecutor’s misunderstanding of the facts and misapprehension of the legal doctrine

A. Summary of the facts charged 1) Defendant A’s offering of bribe to Defendant A and offering of acceptance of bribe to Defendant B (the primary facts charged) Defendant B from January 5, 201 to January 5, 201, Defendant B served in the M Team (from January 5, 2011 to January 11, 201), N Team (from January 12, 201 to January 4, 201), M Team (from January 12, 201 to January 4, 2013), M Team (from January 5, 2013 to September 23, 2014), O room (from September 24, 2014 to February 26, 2017), P Team (from February 27, 2017 to February 27, 2017).

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