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(영문) 대구지방법원 2017.02.16 2016노4585
제3자뇌물교부등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the Defendant (unfair sentencing) to the lower court (one year of imprisonment) is too unreasonable.

B. The lower court found the Defendant not guilty of the issuance of a third-party bribe on May 13, 2015 among the facts charged against the Defendant, but it erred by misapprehending the facts in the above part of the lower judgment, since the said facts charged are sufficiently proven.

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. Determination as to the prosecutor's assertion of mistake of facts

A. On May 12, 2015, while running Ma with K, N, etc., the Defendant: (a) committed a crackdown on W money exchange operated by K and the Defendant, etc.; (b) attempted to pay back to the police officers of the Daegu Local Police Agency Q metropolitan control team via P, who delivered over the game site to the nationwide game site, while maintaining excessive connection with police officers controlling the game site.

On May 13, 2015, the Defendant transferred KRW 1.5 million to the police officer of the Daegu District Police Agency Q metropolitan control team using the Agricultural Cooperative Account under the name of the Defendant, for the use of the Agricultural Cooperative Account under the name of the Defendant.

Accordingly, the defendant conspireds with K to deliver a bribe to a third party in connection with the public official's duties.

B. The lower court rendered a not guilty verdict on this part of the facts charged on the ground that the lower court’s reasoning was explained from No. 7 of the lower judgment to No. 15 to No. 13 of the 19 of the 7 pages 7.

(c)

1) According to the following facts and circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below, this part of the facts charged is deemed to be fully recognized.

A) In relation to this part of the facts charged, the Defendant: “On May 13, 2015, upon K’s instruction or request, remitted KRW 1.5 million to P from May 13, 2015 to the Defendant’s account under the Defendant’s name; however, K is under the name of the police officer.

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