Text
The judgment below
Among the defendant A, the part not guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery).
Reasons
1. Scope of the judgment of this court;
A. 1) The lower court acquitted Defendant A of the charge of the violation of the Act on Real Name Financial Transactions and Confidentiality (hereinafter “Financial Real Name Act”), among the facts charged against Defendant A, regarding the acceptance of bribe to a third party, the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery), and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery), and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery),
On the other hand, Defendant A appealed each on the grounds of misunderstanding of facts, misunderstanding of legal principles and misunderstanding of sentencing as to the guilty portion, and misunderstanding of facts, misunderstanding of legal principles, and unfair sentencing.
2) With respect to Defendant A’s violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) and Defendant B’s offering of bribe in the trial before remanding, the prosecutor applied for changes in the facts charged as stated in the attached Form “Amended facts charged,” and permitted the trial of the exchange transmission.
Before remanding, the judgment of the court below reversed the Defendant A’s violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) and the facts charged against Defendant B on the ground of ex officio reversal due to changes in the facts charged against Defendant B, and accepted the prosecutor’s assertion of mistake and misapprehension of the legal principles on the part of the attached Table 1 time 2, 5 through 7, 9 through 11, 13 through 16, and found the Defendant guilty on the grounds of rejection of the prosecutor’s assertion on the remainder of the crime related to this a single comprehensive offense.
In addition, prior to the remand, the court below accepted Defendant A’s mistake of facts and misapprehension of legal principles as to the part related to the AM account (the part related to the AM account at least 3 times 27 through 34 minutes of crimes listed in the judgment below) among the convictions against Defendant A’s violation of the Act on Real Name Financial Transactions in the judgment of the court below, and rejected the Defendant’s assertion as to the remainder.
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