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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. According to the evidence submitted by the prosecutor of facts-finding, although the defendant's acceptance amount was fully recognized as KRW 45 million, the court below judged that the defendant's acceptance amount was merely KRW 30 million, and found not guilty of the remaining KRW 15 million. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment. 2) The sentence imposed by the court below on the defendant of unfair sentencing ( KRW 30,000,000) is too unreasonable.
B. The sentence imposed by the lower court on the Defendant is too unreasonable.
2. Determination
A. The court below found the defendant not guilty on the part exceeding 30 million won on the grounds that the evidence submitted by the prosecutor alone on the grounds as stated in its reasoning is insufficient to acknowledge that the defendant received more than 30 million won as a bribe, and there is no other evidence to acknowledge it. If the judgment of the court below is recorded in comparison with the records, the judgment of the court below is just and it is not erroneous in the misconception of facts as alleged by the prosecutor, and the prosecutor's allegation in this part is without merit.
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B. We examine the part on the assertion of unfair sentencing by both parties, and examine the various factors indicated in the column of “the grounds for both punishment” as stated in the judgment of the court below in a comprehensive manner, taking into account the various circumstances cited by both parties in the proceedings of the present case.
Even if the sentence imposed by the court below is appropriate and too weak, the sentence imposed by the court below.
Since it cannot be deemed that it is too unreasonable or too unreasonable, both claims of this part are without merit.
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3. In conclusion, the appeal filed by the Defendant and the prosecutor is without merit. Thus, all of the appeal filed by the Defendant and the prosecutor is in accordance with Article 364(4)