beta
(영문) 서울고등법원 2015.05.08 2014노3972

부정처사후수뢰등

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years and six months of imprisonment and fine of three million won, additional collection of KRW 1.5 million) is too unreasonable.

2. The judgment of the defendant is a confession and reflect on all of the crimes of this case. The defendant agreed with some victims of the crime of this case and deposited money equivalent to the amount obtained by deception or the amount obtained by deception for the purpose of victim O, H, and the amount of bribery for D in the trial. The defendant was subject to a disposition of removal and imposition of disciplinary surcharge of KRW 84250,00 after being referred to the Disciplinary Committee due to the crime of this case, and the defendant was the first offender and was deemed to have served as police officers in good faith from around 192 to the time of the crime of this case.

However, the crime of fraud and extortion in this case is that the defendant acquired money from the driver of a vehicle who has caused a traffic accident for more than four years by taking advantage of the status of a police officer under the pretext of agreement with the victim or a monetary reward for the reporter, and the nature of the crime is significantly poor compared to the general property crime. The defendant received a bribe in return for a request to reduce the traffic accident case, and then received it in return for the illegal disposition, and then seriously damaged the fairness, uncertainty, and social trust in the traffic accident investigation affairs. The crime in this case leads to an obstacle to the investigation of the traffic accident and the violation of the Road Traffic Act, and the fraud and honor of police officers who faithfully perform their duties can also be inferred.

In addition, the age, character and conduct, environment, motive, means and result of the crime, all the sentencing conditions shown in the arguments, such as the circumstances after the crime, and the recommended punishment according to the sentencing guidelines of the Supreme Court sentencing committee applicable to this case.

참조조문