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(영문) 서울고등법원 2018.09.07 2018노522
부정처사후수뢰등
Text

The judgment below

The guilty part against the Defendants is reversed.

Defendant

B shall be punished by a fine of KRW 1,500,00.

Reasons

1. Grounds for appeal by the prosecutor and the Defendants

A. On January 25, 2016, the Prosecutor’s appeal 1) was erroneous in misapprehending the facts that the lower court acquitted Defendant A of this part of the charges on the ex post facto accepted bribery and Defendant B’s charge.

Defendant

B Although the prosecutorial office made a somewhat conflicting statement about the date of cash delivery, the court below made a consistent statement in the court below, and X's statement also conforms to this.

Defendant B had committed a case against Defendant A on the day of the instant crime

On February 13, 2016, the reason why Defendant A did not enter Defendant B is naturally explained in the case of abandonment of duties.

B) On February 18, 2016, Defendant A’s acceptance of ex post facto bribery and the lower court acquitted Defendant B of this part of the facts charged.

The reason why X’s statement is different from Defendant B’s statement is because X is unable to memory accurate date and time after one year from the time it lent money to Defendant B.

A mistake on the time and amount when X lent money in the court below's decision is rather a counter-proof that X did not comply with Defendant B's statement.

On February 13, 2016, Defendant A’s day of the instant crime is at the time of the lapse of five days from the crime of abandonment of duties. As such, there is sufficient subjective motive for Defendant B to deliver a bribe to Defendant A.

C) On May 20, 2016, Defendant A’s acceptance of bribe against only one cell phone of A-phone 6 flusular phone on May 20, 2016 and the lower court acquitted Defendant B of this part of the facts charged.

Defendant

B consistently provided on May 20, 2016 the Defendant A with one cell phone of the 6 flus flus flus flus flus flus flus flus flus flus flus flus

was stated.

2) The sentence sentenced by the lower court to the Defendants is too low and unfair.

B. Defendant A’s appeal 1) Fact-finding, misunderstanding of legal principles, and Defendant A’s judgment.

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