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(영문) 광주고등법원 (전주) 2016.02.16 2015노206
특정범죄가중처벌등에관한법률위반(뇌물)등
Text

Defendant

All appeals filed by A, B, and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A and B’s punishment (Defendant A: 2 years and six months of imprisonment; 4 years of probation; 30 million won of fine; 200 hours of community service order; 30 million won of additional collection; 1 year of imprisonment; 2 years of probation; 30 million won of community service order; 80 hours of community service order) is too unreasonable.

B. Regarding the part of dismissing prosecution against Defendant A, the Prosecutor 1 of the lower judgment’s error in the misapprehension of the legal doctrine and the part of dismissing prosecution against Defendant A, each of the fraud crimes listed in the annexed list (1) of the crime committed in the annexed list of the lower judgment is related to a single comprehensive crime, and the completion of the statute of limitations is not at issue in the case of the fraud crime listed in the annexed list (1) No. 1 of the same crime. Therefore, even if the date of completion of the crime does not specify the date of completion of the crime, the lower court dismissed the prosecution against this part of the facts charged on the ground that it did not specify the facts charged.

2) The lower court’s punishment against the Defendants (Defendant C: imprisonment with prison labor for six months, suspension of execution for two years, and community service order for 40 hours) is too uneasible and unreasonable.

2. Determination:

A. Examining the judgment of the court below on this part of the prosecutor's assertion of misapprehension of the legal principles in comparison with records, the court below's dismissal of this part of the charges on this part of the charges on the ground that the prosecution procedure is null and void in violation of the provisions of the law, on the premise that each fraud committed in the table of crimes attached to the court below's judgment was in the relation of substantive concurrent crimes based on the premise that each fraud committed in the table of crimes attached to the judgment below is not specified in the crime list No. 1, and on the premise that the crime

Therefore, prosecutor's above legal principles are without merit.

B. Defendant A, B, and prosecutor’s improper assertion of sentencing; Defendant A and prosecutor’s instant crime are the researchers of the victim’s research institute’s responsibility.

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