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Defendant
All appeals filed by A and the prosecutor against the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to Defendant A1’s crime of mistake of facts or misapprehension of legal principles, the fact that Defendant A neglected to perform his duties, such as loss of the records of an investigation case, but there was no intentional concealment or destruction of the five investigative data. Nevertheless, the judgment of the court below which found Defendant guilty of this part of the facts charged is erroneous in misunderstanding of facts or misunderstanding of legal principles. 2) The punishment sentenced by the court below to the Defendant (the penalty of imprisonment of six years, fine of KRW 150 million, and penalty of KRW 90 million) is too unreasonable.
B. According to the evidence submitted by the prosecutor 1 of the facts-finding investigation, despite the fact that Defendant A received bribe of KRW 50 million from Defendant D while taking charge of the duties related to permission to collect earth and stones as the team leader of the K-si in Gwangju-si, the court below found Defendant A not guilty of this part of the facts charged, which affected the conclusion of the judgment by erroneous determination of the facts. 2) The sentence imposed by the court below on Defendant A is too uneasible and unreasonable.
2. Determination:
A. The additional prosecutor of the ancillary charge, while maintaining the facts charged about the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) that Defendant A received a bribe from Defendant A at the trial of the party, applied for the amendment of a bill of indictment containing addition of the ancillary charges, and the subject of the trial was added by this court’s permission.
B. According to the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts and misapprehension of legal doctrine, Defendant A is aware of five persons, including S, working as the K team leader from July 29, 2010 to December 31, 2012, and prepared materials of investigation cards, but did not transfer the case to the prosecutor’s office, and Defendant A was transferred to the Park Development Department on January 1, 2013.