뇌물수수
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding twenty thousand won.
The above fine shall be imposed on the defendant.
1. The sentencing of the lower court (one hundred months of imprisonment and fines of twenty million won) is deemed to be too unreasonable in light of the gist of the grounds for appeal.
2. Determination
A. The crime of this case is a matter of accepting a bribe from an enterprise closely related to the business in spite of the Defendant’s duty to perform the duties of integrity and fairness as the construction and management manager of the Korea Land and Housing Corporation’s Incheon District Headquarters (Grade II), and is not good in its nature. The acceptance of a bribe is a serious crime that seriously damages the fairness of public duties and the trust in the general society. It is a serious crime that must be eradicated in this society. The amount of bribe received by the Defendant is a considerable amount of 20 million won. In light of the fact that the amount of bribe received by the Defendant is a considerable amount of money, the Defendant shall not be held liable for it.
B. Meanwhile, there are extenuating circumstances, such as the following: (a) the Defendant voluntarily appeared in the investigative agency, voluntarily surrenders himself; (b) the confession of the offense; and (c) his mistake is divided; (d) the quasi-public official under Article 4 of the Act on the Aggravated Punishment, etc. of Specific Crimes Deemed as Public Officials only in the application of bribery; (b) the Defendant did not actively demand a bribe; and (c) the Defendant refused the number of bribe issued by I on one occasion; and (d) the fine and penalty imposed by the lower court for the first time in the trial; and (e) the health situation is not good due to high blood pressure, depression
In addition, considering the defendant's age, family relation, living environment, motive, details and result of the crime, and the circumstances after the crime, the sentence of the court below is too unreasonable.
3. The appeal by the defendant is with merit, and the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is decided as follows.
Criminal facts
The summary of the judgment of the court below is the same as each corresponding column of the judgment of the court below, and it is accepted in accordance with Article 369 of the Criminal Procedure Act.