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(영문) 서울고등법원 2014.11.21 2013노3060
뇌물수수
Text

The judgment below

The part of conviction against Defendant A (including the part of acquittal in the reason) shall be reversed.

Defendant

A. Imprisonment.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found Defendant A (1) guilty of this part of the facts charged based on the P’s statement that could not be ruled out that each of the facts against P was altered after August 5, 2009 and December 2, 2009, and that each of the facts against acceptance of bribe could not be altered. The court below erred by misapprehending the rules of evidence in violation of the rules of evidence.

(B) The judgment of the court below which convicted the Defendant of this part of the facts charged in violation of the rules of evidence and erred by misapprehending the facts against the rules of evidence. The court below erred by misapprehending the rules of evidence, which affected the conclusion of the judgment of the court below, on the ground that there is no consistency, rationality, and objective reasonableness of the acceptance of bribe from Q.

(C) The judgment of the court below that found the defendant guilty of this part of the facts charged by the U’s statement that it is difficult to recognize the credibility of the defendant’s visit by U as to the fact of acceptance of bribe from U.S. and thereby affected the conclusion of the judgment.

(D) The judgment of the court below which found the Defendant guilty of this part of the facts charged on the ground of T’s statement that it is difficult to acknowledge its credibility due to the lack of consistency in the statement on the instrument, number of visitors and methods of offering entertainment or money and valuables, etc., which became aware of the fact of acceptance of bribe from T, was erroneous by misapprehending the facts

(2) The lower court’s sentence of six months of imprisonment, one year of suspended execution, and three million won of fine imposed on the Defendant is too unreasonable.

B. According to the prosecutor’s (1) misunderstanding of facts and misunderstanding of legal principles, according to the statement prepared by the prosecutor’s office L of acceptance of bribe from Defendant A and B, Defendant A and B conspired with L.

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