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The judgment below
Part concerning Defendant C and E shall be reversed, respectively.
Defendant
C. A person shall be punished by imprisonment for not less than two years and six months.
Reasons
1. Summary of the grounds for appeal;
A. Of the facts acknowledged by the lower court in relation to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery), the following parts are different from the actual amount that Defendant A did not receive or received.
(1) As to the attached list of crimes (1) Nos. 2 and 8 of the judgment below, the date and place specified in the above list of crimes shall receive money from Defendant B at the same time and place. However, the amount is not KRW 8 million, but only KRW 500,600,000 for the date stated in the charges No. 2, and KRW 6 million for the date stated in the charges No. 8.
D. In the case of Nos. 4 and 7, the date and place specified in the facts charged, but there is no money from the above Defendant.
B) Nevertheless, there is an error of misunderstanding of facts in the misapprehension of the legal principle that all of the above parts of the judgment below found guilty. 2) With respect to the divulgence of secrets on official duties, Defendant A was requested by Defendant B to “AK is a police officer, who is not a person who is called “AK” but is not a false person,” and it was merely a fact that Defendant A used an internal computer network and notified that “AK is a police officer.”
In the process, ① does not directly inform the identity of the police officer in charge of control, ② it is nothing more than obtaining information, such as the name, affiliation, and rank, from the defendant B, and verifying it. Thus, this part of the act of the defendant A is only a work process at a normal level of civil petition resolution.
Nevertheless, the judgment of the court below that recognized the defendant A's above act as a crime of divulgence of official secrets is erroneous in the misapprehension of legal principles.
3) The sentence imposed by the lower court on Defendant A (five years of imprisonment and fine of 60 million won, etc.) is too unreasonable. B. Defendant B’s mistake of facts is the Defendant B.