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(영문) 대구고등법원 2016.03.17 2015노202
뇌물수수
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) The Defendant did not receive money from C, and the Defendant’s statement that corresponds to the facts charged is not consistent and is not reliable.

2) The defendant received money

Even if there is no relation between the receipt of money and the duty.

B. Even if the charge of sentencing is found guilty, the sentence imposed by the court below (2 years of suspended sentence in August, 198, 11,000,000 won, additional collection of 5,237,500 won) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding the legal principles related to misunderstanding of facts or misunderstanding of legal principles, 1) In a case where the issue is whether or not receiving money or valuables has been raised, in order to find guilty only with a statement made by a person who provided money or valuables in a case where there is no objective evidence, such as financial data to support this, the evidence of the person’s statement must be admissible, and there should be credibility to exclude a reasonable doubt. In determining credibility, it should also be examined as to whether the contents of the statement themselves are rational, objective reasonableness, consistency before and after, as well as their human beings, and whether there is any interest derived from the statement (see, e.g., Supreme Court Decision 2013Do9866, Jun. 26, 2014). In full view of the following circumstances acknowledged by the evidence duly adopted by the lower court and duly examined by the court below, C’s statement that the money was given to the Defendant is consistent and clear, as well as the following circumstances, and the lower court’s determination is sufficiently consistent with C’s credibility.

subsection (b) of this section.

Therefore, this part of the defendant.

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