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(영문) 부산고등법원 (창원) 2016.09.21 2016노141
특정범죄가중처벌등에관한법률위반(뇌물)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although Defendant 1 did not accept a bribe from O, the court below found Defendant 1 guilty of the facts charged in this case, and did not exhaust all necessary deliberations, such as that the court below erred by misapprehending the rules of evidence or misunderstanding the fact by selecting evidence, or failing to make any judgment as to the Defendant’s assertion.

2) misunderstanding of legal principles) Since the date and time of the instant facts charged is too broad and thus the facts charged are not specified, thereby significantly infringing Defendant’s right to defense, the instant public prosecution should be dismissed.

B) Although the Defendant’s act of acceptance of bribe over three occasions is deemed to have been performed independently, the lower court erred by misapprehending the legal doctrine as to a single comprehensive crime.

3) The punishment sentenced by the lower court against the Defendant (a punishment of four years of imprisonment, a fine of KRW 90 million, and an additional collection of KRW 90 million) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. Determination as to the Defendant’s mistake of facts and failure to hear the case

A. In a case where the issue is whether the pertinent legal principles are accepted or not, the defendant's statement that was identified as the recipient of the money and valuables denies the receipt of the money and there is no objective evidence, such as financial data to support this, in order to acknowledge the defendant guilty only by the statement of the person who provided the money and valuables, the admissibility of evidence is required, and there is a credibility to exclude a reasonable doubt. When determining credibility, the credibility of the statement itself is not only reasonable, objective reasonableness, and consistency before and after the statement, but also his human being, and in particular, there is a concern about the suspect's suspicion of a certain crime and there is a possibility that an investigation may be initiated or under investigation is being conducted.

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