(영문) 서울고등법원 2014.07.25 2014노160 | 리걸엔진

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(영문) 서울고등법원 2014.07.25 2014노160

특정범죄가중처벌등에관한법률위반(뇌물)

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to the receipt of bribe to a policeman on March 2009, the Defendant: (a) received from FF the amount of KRW 10 million,00,000,000 from the AA restaurant, which is not the education officer of the JJ; and (b) received KRW 10,000,000,000,000,000,000,000,000,000,000,000,000, not the police officer on April 2009, 2009.

6. The judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous in misconception of facts, although there was no fact that money and valuables were given to the police officers in relation to each of the bribery.

B. In light of the legal principles, the duties of the president of the Promotion Committee for the Establishment of D Housing Redevelopment Project and the duties of the president of the D Housing Redevelopment Project Association (hereinafter “the association of this case”) are divided into two categories. The chairman of the above Promotion Committee does not have the authority to select the removal company of the building within the redevelopment project zone. Thus, even if the chairman of the above Promotion Committee is able to have de facto influence on the selection of the removal company, the part of the Defendant’s receipt of money as the chairman of the Promotion Committee and the part of receiving money as the head of the association cannot be regarded as a single comprehensive crime, and thus, the Act on the Aggravated Punishment, etc. of Specific Crimes cannot be applied to this part of the facts charged. Thus,

C. The lower court’s punishment on the Defendant of unreasonable sentencing (the penalty of four years of imprisonment and fine of 82.5 million won, and the penalty of 82.5 million won) is too unreasonable.

2. Determination on the grounds for appeal

A. As to the assertion of mistake of facts, the Defendant received a bribe of KRW 30 million from F three times in the first instance, unlike the investigation agency and the lower court, on the other hand, contrary to what is alleged in the above grounds of appeal. However, in some cases, the Defendant contests the date and place of the crime, as alleged in the grounds of appeal.

참조조문

-특정범죄 가중처벌 등에 관한 법률

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