(영문) 대구고등법원 2019.05.29 2018노564 | 리걸엔진

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(영문) 대구고등법원 2019.05.29 2018노564

뇌물수수

Text

1. The part concerning Defendant A and B in the judgment below shall be reversed.

2. Defendant A’s imprisonment with prison labor for one year and fine for 24,000.

Reasons

1. Summary of grounds for appeal;

A. Of the facts charged in the instant case, as to the acceptance of bribe by Defendant A and the offering of bribe to Defendant B (hereinafter collectively referred to as “the acceptance of bribe and the offering of bribe to Defendant A”) from among the facts charged in the instant case, the statements made by Defendant B and C, the donor of Defendant B, may be sufficiently reliable in light of the details and contents of the statement, consistency and accuracy of the statement, etc.

Nevertheless, the lower court rendered a judgment of not guilty (guilty in the grounds) as to the above excessive portion on the ground that it is difficult to acknowledge the credibility of the statement on the part exceeding five million won of the accepted amount which Defendant A led, and the evidence submitted by the prosecutor alone is insufficient to recognize this part of the facts charged.

Therefore, the court below erred by misapprehending the facts.

B. 1) The Defendant B’s imprisonment (two years of suspended sentence for one year of imprisonment) against the Defendant is too unreasonable. 2) Each sentence against the Defendants by the lower court (two years of suspended sentence for ten months of imprisonment, fines of ten million won, additional collection of KRW 5 million for two years of suspended execution, Defendant D’s fine of ten million for one year of suspended execution, Defendant D’s fine of KRW 10 million, Defendant E’s fine of two million, and Defendant F’s fine of five million for one year of imprisonment) is unreasonable.

2. Determination

A. In light of the following circumstances revealed by the evidence duly adopted and investigated by the court below as to the assertion of mistake of facts (the defendant A, B), the statement of the defendant B, C, and D may be reliable, and based on this, the part exceeding five million won can be sufficiently recognized among the facts charged for the bribery and the grant of the bribe of this case which the court below judged not guilty on the grounds of the judgment below among the facts charged for the bribery of this case and the grant of the bribe of this case. Thus, the court below erred in the misapprehension of facts otherwise.

Therefore, this part of the prosecutor's argument is justified.

1. This.

유사 판례

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-광주고등법원 2015.06.23 2015노6

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