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(영문) 광주고등법원 2015.09.10 2015노264
수뢰후부정처사
Text

The judgment below

Of the defendants B, the part of the defendant is reversed.

Defendant

B shall be punished by imprisonment for a year and six months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. The additional collection amount of Defendant B’s assertion of misunderstanding of facts is based only on an abstract statement dependent on memory, and the above Defendant is too much than the actual profit, and there is an error of misunderstanding of facts among the judgment of the court below.

B. Each sentence of the lower court (two years of imprisonment, and one year and six months of imprisonment) against the Defendants on the assertion of unfair sentencing by the Defendants is too unreasonable.

2. Determination

A. The lower court determined the Defendant B’s assertion of mistake of facts: (a) calculated the sum of the profits of KRW 56,00,000 per day from September 2, 2013 to February 2014, when Defendant B engaged in the same business with R, T, S, etc. in W Gameland; (b) KRW 42,00,000 per day from February 1, 2014 to April 24, 2014; (c) KRW 600,000 per day from February 1, 2014 to April 24, 2014; and (d) calculated the aggregate of profits of KRW 300,00 per day from September 1, 2013 to April 1, 2014 to KRW 630,000 per day; and (d) calculated the profits of KRW 6301,000,000 per day from around 300,000.

In light of the following: (a) the Defendant made a statement in the prosecution investigation process to the effect that “at the time of operating the business with T, etc. in W Gameland, 40-50,000 won per day, and thereafter, 60-70,000 won per day when U and Y were engaged in the business with T, etc.; and (b) in K Gameland, 30,000 won per day was distributed to K Gamesland (Evidence No. 4, 3344), and witness AG of the trial party stated the above contents in this court, the lower court’s above determination is just and acceptable, and there is no such error as alleged by the Defendant.

Therefore, the above defendant's above assertion is rejected.

B. As to the Defendant A’s assertion of unfair sentencing, the said Defendant is working as a police officer and the owner of an illegal game room with high business relevance.

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