특정범죄가중처벌등에관한법률위반(뇌물)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of four years and a fine of forty million won.
The above fine shall be imposed on the defendant.
1. The sentence of imprisonment with prison labor and fine of 40 million won, additional collection of 46 million won) of the summary of the grounds for appeal is too unreasonable.
2. The crime of this case is a crime in which the defendant received a bribe of 46 million won in total in connection with his/her duties and actively concealed the fact of receiving a bribe using a deposit account in another person's name in the process of doing so, and the amount received is not so much, and the method of accepting the crime is not sufficient, and in particular, the defendant actively demanded a bribe, and uses the bribe received as personal entertainment expenses, such as travel expenses, and the main agent, etc., at a disadvantage to the defendant.
On the other hand, even though the defendant had the attitude of denying the facts of some crimes until the court below, it appears that the defendant led to the confession of all the facts of crime and committed a misunderstanding in depth, and that the defendant did not take any unlawful action in relation to his duties while receiving the bribe as above, it appears that the defendant did not have the record of criminal punishment before the crime of this case was committed, that the defendant had no record of criminal punishment prior to the crime of this case, that the defendant had worked as a public official for about 24 years, and that he had worked in good faith, such as being given seven times of official commendation, and that the defendant's family in need of support due to the detention of the defendant seems to face economic difficulties
In addition, considering the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, various conditions of sentencing indicated in the records, such as the circumstances after the crime, and the scope of recommended sentences according to the sentencing guidelines of the Supreme Court sentencing committee applicable to this case (not less than four years of imprisonment), the above sentence of the court below is recognized as being too unfair as the above conditions of sentencing have been partially changed in the trial.
3. Conclusion.