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(영문) 광주지방법원 목포지원 2017.02.16 2016고단1699

뇌물공여

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 8, 2016, the Defendant is in de facto marital relationship with D who is arrested by the case of violation of the Narcotics Control Act by the National Police Agency C of South Korean National Police Agency prior to the arrest of the Defendant.

On November 16, 2016, at around 13:00, the Defendant visited the above D when the interrogation of the suspect is underway, and requested convenience in the investigation process against D, the Defendant opened a cell phone of the police officer in charge of the investigation into the above D case at around 21:09 on the second floor of the night room between the above investigation unit office and the statement recording room at around 359,000, in which KRW 20,000,000 which was put in an envelope was sealed in the envelope by hand, and then opened the phone of the police officer in charge of the investigation into the above D case at around 21:09 on the same day.

I will give my good opportunity to our I to audit.

It will not be much.

The notice of “in cash” was given to KRW 20 million.

Accordingly, the defendant accepted a bribe in relation to the duties of judicial police officers E.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to police seizure records, reports and photographs of E, and investigation reports;

1. Article 133 (1) and Article 129 (1) of the Criminal Act, the applicable law of criminal facts, the selection of punishment for imprisonment, and the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection and observation, and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing Article 134 of the Criminal Act;

1. Type 1 (less than KRW 300,00) basic area (from April to October) of the scope of the recommended punishment (no person subject to special sentencing shall be included).

2. The execution of a sentence shall be suspended in consideration of favorable circumstances, such as the fact that the defendant in charge of the decision on the sentence was the initial offender and the defendant reflects the wrongness, that the investigator did not acquire the bribe and did not affect the investigation;