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(영문) 부산고등법원 2016.08.25 2016노402

뇌물공여의사표시등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (five million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. We examine the judgment of the court below. The crime of violation of the Sanitary Control of the Livestock Products Act committed by the defendant was committed on the ground that the defendant engaged in meat packaging business did not prepare and issue the transaction details and transaction statements equivalent to approximately KRW 1.3 billion market price while selling meat packages for about 7 years as stated in the judgment of the court below, and kept livestock products without indicating the product name, etc., and the crime is not less and less severe in light of the purpose and content of the crime, method, period of the crime, etc., and the defendant was discovered as a result of the above crime, but there was no extenuating circumstance such as that the defendant committed the crime of giving bribe to the police officer in charge, which committed the crime of violation of the Sanitary Control of the Livestock Products Act. However, the defendant recognized all of each of the crimes of this case and divided his mistake.

In full view of the favorable circumstances such as the Defendant’s age, sexual conduct, environment, motive and background of the instant crime, means and consequence of the instant crime, and other various circumstances, which are conditions for the sentencing of the instant case, such as the following: (a) the amount that the Defendant tried to deliver to the control police officer is relatively small; (b) the Defendant did not frequently transfer livestock products stored in custody without indicating the name, etc. of the product; and (c) the Defendant was not subject to a suspended sentence or more severe punishment; and (d) the prosecutor’s assertion is without merit, since the Defendant’s sentence imposed by the lower court is too uneasible and inappropriate.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.