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(영문) 인천지방법원 2014.09.19 2014노387
무고
Text

The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of grounds for appeal;

A. A’s statement that the confession of the offer of a bribe in the case of acceptance of a bribe against the Defendant (a mistake or misunderstanding of legal principles) is difficult to believe in light of all the circumstances, and that the confession of the offer of a bribe in the first instance court after the judgment of the appellate court of the instant case was the confession of the offer of a bribe in the court of first instance (hereinafter “the confession of the testimony of perjury”) is reliable. Accordingly, the accusation against the Defendant does not constitute a false accusation.

B. The prosecutor (unfair punishment) sentenced by the court below to the defendant is too unhued and unfair.

2. The summary of the facts charged is as follows: (a) the Defendant was a former police officer; (b) on April 13, 2007, the Defendant was detained due to the destruction of evidence at the port office of the Daegu District Prosecutors’ Office; (c) on April 18, 2007, the Defendant was released at the court of legality of detention on April 18, 2007; (d) on February 4, 2008, the Daegu District Court rendered a fine of five million won for the destruction of evidence; (b) on August 12, 2008, issued the suspended sentence of the first instance judgment at the Daegu District Court on August 23, 2008; and (c) on October 23, 2008, the said judgment became final and conclusive; (d) on June 8, 2012, the Seoul High Court sentenced one year of imprisonment with labor and a fine of six million won for acceptance of bribe; and (e) on September 13, 2012

【Criminal Fact-finding 【The Defendant received a solicitation that he would not crack down on G Gameland, which is a speculative game room, and received six million won in total from the end of April 2009 to the beginning of June 2009, when he was engaged in the duty of controlling the speculative game site in the jurisdiction of the Incheon Western Police Station, while serving as the patrol team leader (rank: Inspector) of the F District Police Station of the Incheon Western Police Station, and received a bribe of six million won in total from the end of June 2009 to the first of June 2009, in return for not controlling it.

Since then, on September 17, 201, the Defendant led to confession of the fact that A provided a bribe to the Defendant, and was detained in the Incheon District Court as a crime of acceptance of bribe. On June 8, 2012, the Seoul High Court (the second instance) sentenced the Defendant to one year of imprisonment with prison labor for the crime of acceptance of bribe, a fine of six million won, and a penalty of six million won.

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