C The appeal by the Prosecutor and the appeal by the Prosecutor are all dismissed.

A. In light of the overall sentencing conditions of the prosecutor, the sentence of the court below (the sentence of the defendant A: the fine of 8,000,000 won, the suspended sentence (one year of suspension of qualification), 4,000,000 won, and the penalty of 8,00,000 won: the fine of 8,000,000 won) is too uneasible.

B. In light of the overall sentencing conditions of Defendant C, the sentence of the lower court is too unreasonable.

2. Determination on the grounds for appeal

A. The prosecutor’s crime of bribery to the prosecutor’s assertion of unfair sentencing against Defendant A results in undermining the fairness in the performance of public official’s duties and the public’s trust thereon. The instant crime is the case where Defendant A, who is a public official in charge of the field supervision of the construction site, requested the payment of additional construction costs arising from the modification of a design and received a bribe from Defendant C, who is the subcontractor of the construction project in charge, and the nature of the relevant crime and the criminal intent are

However, Defendant A is the first offender, and the depth is divided after recognizing the instant crime, and the accepted amount is relatively small, and the solicited additional construction cost is not relatively smaller than KRW 12 million, and it appears that the modification of design and the payment of additional construction cost is not likely to result in fraudulent acts within the ordinary scope. In full view of various sentencing conditions of Article 51 of the Criminal Act as stated in the records, such as Defendant A’s age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., it is not recognized that the lower court’s punishment against Defendant A is too unjustifiable and unreasonable. Thus, the Prosecutor’s assertion of unreasonable sentencing against Defendant A is without merit.

B. The crime of offering of a bribe to Defendant C and the prosecutor on the assertion of unfair sentencing is likely to undermine the fairness of the public official’s execution of duties and the public’s trust. The instant crime is committed by Defendant C, the subcontractor of the instant construction, who is the subcontractor of the instant construction, to supervise the construction site.