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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of the facts or misunderstanding of the legal principles [the part concerning the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes)] of the Defendant did not act, or intended to act, as an intermediary in connection with the authorization, permission, etc. of the “P project” as indicated in the judgment of the court below (In addition, the above “P project” belongs to the duties of G and X head, and the member of the National Assembly at the time did not belong to the duties of H at the time). Further, E provided money and valuables or benefits to the Defendant with a remote expectation to the extent that “I is well seen, and there is no intention to commit a crime of acting as an intermediary for the Defendant.”
Nevertheless, the court below found the defendant guilty of this part of the facts charged on its grounds as stated in its holding. The court below erred by misunderstanding facts or by misapprehending legal principles, which affected the conclusion of the judgment.
2) The sentence sentenced by the lower court to the Defendant (one year and six months, etc.) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. Determination
A. As to the Defendant’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine, the lower court also asserted the same purport, and determined that, on the basis of the legal principles as indicated in the judgment and the circumstances acknowledged by the evidence in its holding, the lower court fully recognized the fact that the Defendant received money and valuables or benefits as to the referral of matters belonging to H, who are public officials, as stated
Article 3 of the Act on the Aggravated Punishment, etc. of Specific Crimes, i.e., the following legal principles and additional circumstances, which the court below considered as the ground for such judgment, and the various circumstances in the judgment of the court below.