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(영문) 창원지방법원 밀양지원 2012.09.19 2012고단220
뇌물수수
Text

Defendant

A Imprisonment with prison labor for eight months and fines for 4,000,000 won, and Defendant B shall be punished by imprisonment for eight months.

Defendant

A above.

Reasons

Punishment of the crime

1. From September 1, 2007 to May 6, 2012, Defendant A was a police officer working as the head of the strong 1 team exercising overall control over investigation, etc. conducted by the said strong 1 team, as a police officer who served in the police station investigation and the strong 1 team.

On October 24, 2011, at around 15:00, the Defendant reported from B to B on October 13, 201, that B was kidnapped and detained by B’s wife G to H on October 13, 201, the Defendant received a request from B’s wife G to immediately investigate the case, and received KRW 2,00,000,00 in cash as an investigation expense.

Accordingly, the defendant accepted a bribe in relation to his duties.

2. Defendant B offered a bribe in relation to the official duties of a public official by making a solicitation as described in paragraph (1) at the date, time, and place described in paragraph (1) to A as described in paragraph (1) and granting cash of KRW 2,00,000 as investigation expenses.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol against the Defendants

1. Each police statement of the I, J, K, and L;

1. Application of the Acts and subordinate statutes governing the return on financial transaction information, such as investigation reports (investigation of the D police station and attachment of an organization list), assignment marks of investigative staff of the D police station, personnel record cards, details of entrance and exit transactions, text messagess, copies of case sending notes, criminal photographs, etc.;

1. Defendant A of the pertinent legal provisions relating to the crime: Article 129(1) of the Criminal Act and Article 2(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes (Concurrent Imposition of Fines): Articles 133(1) and 129(1) of the Criminal Act;

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendant A: Article 134 of the Criminal Act;

1. Defendant A of the provisional payment order: Article 334 (1) of the Criminal Procedure Act;

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