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(영문) 광주지방법원 2011.11.09 2011노2370
뇌물수수
Text

The judgment below

Part concerning Defendant A and D shall be reversed, respectively.

Defendant

A Imprisonment for eight months and fines for 3,000,000,000.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts (the acceptance of bribe on December 30, 2008) (the acceptance of bribe on December 30, 2008), with respect to the receipt of bribe on December 30, 2008, the Defendant did not have received FF’s request for employment from F’s son, and allowed F to be employed by F in accordance with normal work process, and F merely delivered and delivered 3 million won to the auditor simply without relation to the Defendant’s duties and received 3 million won, but the lower court convicted the Defendant of this part of the facts charged, thereby adversely affecting the conclusion of the judgment.2) The sentence (6 months of imprisonment and 2 years of suspended execution) imposed by the lower court on the Defendant is too unreasonable.

B. Prosecutor 1) In relation to the misconception of facts or misapprehension of legal principles against Defendant A (the acceptance of bribe on December 15, 2008) regarding the acceptance of bribe on December 15, 2008, the court below found Defendant A not guilty of this part of the facts charged, misunderstanding of facts or misapprehension of legal principles, which affected the conclusion of the judgment, although it is erroneous by misapprehending the facts or misapprehending the legal principles that found Defendant A not guilty of this part of the facts charged, even if the Defendant, who was the successor, received the honorarium money from Defendant D in the name of his full-time officer, if he did not directly arrange for employment, he received the bribe in relation to his duties even if he did not directly arrange for employment.

B) The sentence imposed by the lower court on the Defendant (six months of imprisonment, two years of suspended execution) is too uneasy and unfair. 2) The sentence imposed by the lower court on the Defendant C (six months of imprisonment and two years of suspended execution) is too uneasy and unreasonable.

3. Although the defendant requested the head of the M&D branch of Seoulnam Veterans Association to find a job for his children on the name of his full-time officer and the successor paid a bribe to A in relation to his official duties by paying a honorarium in the name of his successor.

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