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(영문) 대구지방법원 2018.02.22 2017노5683

뇌물수수등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the punishment of imprisonment of two years, the fine of twenty million won, the additional collection of twenty thousand won) is too unreasonable.

2. The judgment below held that the defendant's act of receiving a bribe of a considerable amount regularly from the owner of the business that operates a sexual traffic brokerage business on a regular basis for several months, and providing enforcement information and a list of the police officers in charge of control, etc. to him is extremely poor, considering the high integrity and morality required for the police officers, there is a high possibility of criticism. If the police officer in charge of the control is in collusion with the owner of the sexual traffic brokerage business, which is the object of control, it seems clear that the harm caused by such act seems to be obvious, and it is a crime that seriously undermines the people's trust to the police officers, and it is necessary to strictly punish the police officer in order to protect the above status of the majority of the police officers who faithfully perform the duty of impliedly taking into account the fact that the defendant's act of receiving a bribe of a considerable amount of money from the owner of the business that operates the sexual traffic brokerage business, up to his own money to the disadvantage of the defendant's investment in the business of arranging sexual traffic, and that the defendant's health of the defendant is no more favorable.

In full view of the circumstances, other than the circumstances considered by the lower court, there is no change of circumstances in the lower court’s sentencing, and all other conditions of sentencing, including the Defendant’s age, sexual conduct, environment, background and consequence leading to the commission of the crime, means and consequence, scale of the crime, and circumstances after the crime, the sentence imposed by the lower court is deemed reasonable, and the lower court’s judgment exceeded the reasonable bounds of discretion.