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(영문) 대전고등법원 2014.12.05 2014노417

특정범죄가중처벌등에관한법률위반(뇌물)등

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The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of three years, the fine of 40 million won, the surcharge of 56.3 million won) is too unreasonable.

2. The judgment on the grounds of appeal is favorable to the defendant, in light of the following: (a) the defendant made confession from the investigative agency to the entire crime of this case; (b) the defendant appears not to have actively demanded a bribe payer during the process of bribery; (c) the defendant has served as a public official for about 36 years; (d) the defendant has been working in a relatively faithful manner; (e) there is no other criminal record except punishment for fines imposed on two occasions; and (e) neighbors and employees of the Busan Northernbuk-gu Office want to take the Defendant’s preference.

However, in light of the fact that the crime of this case was committed by the defendant as a superior officer of the Busan Northern District Office and received a bribe on two occasions from an enterprise closely related to his duties without being aware of the fact, which seriously undermines the fairness of official duties and the trust in the general society, and is a serious crime that must be eradicated in this society, the amount of the bribe received by the defendant reaches 60 million won, and other sentencing conditions specified in the argument of this case, such as the defendant's age, the background and method of the crime, the method of the crime, and the circumstances after the crime, etc., the sentence of the court below is too unreasonable.

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.