2. The lower court, based on the circumstances favorable to the Defendant as stated in its reasoning, determined the sentence against the Defendant by comprehensively taking into account the various factors of sentencing as revealed in the pleadings, based on the circumstances favorable to the Defendant, as indicated in its reasoning.

The defendant asserts that ① at the time of the crime of this case, it is necessary to consider the possibility that the defendant was not aware of the purpose of giving bribe to the mineer at all at the time of the crime of this case, ② the defendant was staying in China for a long time, not for the purpose of escaping criminal punishment by the statute of limitations for the crime of this case, but for recovery of investment money invested in China at the time of the crime of this case. ③ The defendant used the bribe received as the crime of this case for public expenses such as activation of first time sports and participation in the Korean-China Gat Games.

However, each of the above circumstances alleged by the defendant does not seem to be a favorable reason for sentencing that should be taken into account in determining the sentence for a bribe crime, one of the harm to be liquidateded in our society.

Rather, the fact that the defendant, who was a chairman of the Basic Local Government Council, was a public official, who was in fact without any friendship, receives USD 10,000 from the first person, without any particular reason, which is itself more criticized as an act of corruption that causes the fairness and integrity of public service and damages the trust of the general society.

In addition, the defendant, upon the commencement of the investigation into the crime of this case, did not comply with the request of an investigative agency for appearance three times on the date on which he/she decided to attend.