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(영문) 서울고등법원 2014.06.12 2013노3931
수뢰후부정처사등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months and a fine not exceeding 15 million won.

Reasons

1. Scope of the judgment of this court;

A. 1) The court below acquitted each of the facts charged against acceptance of bribe in relation to the amount of 8, 12, and 24 Nos. 14 and 1,3, 4, 5, 6, 8, and 9 of the crime sight table (1) of the court below among the facts charged, and the remaining facts charged are all acquitted (Provided, That the non-guilty part is all acquitted.)

(2) On the grounds that the Defendant only appealed on the ground of mistake of facts or unreasonable sentencing, and the trial prior to the remanding of the case, among the Defendant’s grounds for appeal, found the Defendant guilty of the part on which the lower court acquitted the Defendant, along with the part on which the lower court acquitted the Defendant, on the ground that there was a ground of misconception of facts as to the part on the crime sight table (3) 2 through 19, 21 through 24, 26, 27, 29 through 32, 34 through 37, 39 through 42, 44, and 45, and the fine imposed by the lower court was exceeded the scope of the punishment, and that the lower court, together with the part on which the lower court acquitted

3. On the grounds of misunderstanding of facts and misunderstanding of legal principles as to the guilty portion of the judgment prior to remand, the prosecutor appealed on the acquittal portion of the judgment prior to remand, on the grounds of misunderstanding of legal principles

The Supreme Court rejected the defendant and the prosecutor's ground of appeal on the part of acceptance of bribe due to golf entertainment, acceptance of money, and entertainment after the acceptance of bribe in the judgment of the party prior to remand.

The rejection of the grounds of appeal in this part includes not only the portion not accepting the grounds of appeal but also the part not stating the grounds of appeal.

On the other hand, the Supreme Court accepted each of the grounds of appeal by the defendant and the prosecutor on the grounds that the part concerning acceptance of bribe due to the collection of congratulatory money was erroneous, which led to the failure to exhaust all necessary deliberation, and recognized the grounds for reversal, and held the remainder of the judgment prior to the remanding.

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