All appeals filed by B and prosecutor are dismissed.

2. Determination

A. The instant crime against Defendant A (Appeal by Prosecutor) is an unfavorable circumstance against Defendant A, considering that the receipt of a bribe under the pretext of preparing L's retirement commemorative gift that is retired from Defendant B, the representative of the construction company awarded a contract for construction ordered by Defendant A, which is the F director of the Busan Metropolitan City Construction Headquarters, is not easy to commit such a crime. Such an act was detrimental to the integrity of the public service society and the public trust in terms of fairness in the performance of public service, and Defendant A actively demanded a bribe to Defendant B, etc.

On the other hand, there are many favorable circumstances such as Defendant A’s confession of the instant crime, and the amount of bribe received is not much more than 2 million won, and actually used to purchase L's retirement commemorative gifts, and the said Defendant has served as a public official in good faith for 34 years, including the first offender, and having received commendation several times.

In addition to all of the sentencing conditions indicated in the pleadings of this case, such as the defendant A’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, family relationship, etc., the above defendant was released from position due to the crime of this case and the scope of recommended punishment prescribed in the sentencing guidelines (from April to one year), the punishment imposed by the court below on the defendant A is recognized to be within the proper scope of punishment according to the defendant’s responsibility.