제3자뇌물취득등
1. The part of the judgment below against Defendant B and C shall be reversed.
Defendant
B Imprisonment for 10 months and Defendant C.
1. As to the summary of the grounds for appeal against the Defendants, the Prosecutor asserts that the Defendants are too unfasible and unfair, and that the Defendants are too unreasonable, with respect to each sentence of the lower court (the imprisonment of August, the suspended sentence of two years, the imprisonment of ten months, the additional collection, the order of provisional payment, the imprisonment of ten months, the additional collection, and the order of provisional payment) against the Defendants.
2. Determination
A. We examine the public prosecutor on Defendant A and the prosecutor on Defendant A’s assertion on unfair sentencing with respect to each of the allegation on unfair sentencing with respect to Defendant A and Defendant A’s assertion.
If there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(2) On July 23, 2015, Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the lower court: (a) rendered a sentence against Defendant A by taking into account various circumstances as indicated in its reasoning; (b) the circumstances, such as the following: (c) Defendant A, who is a public official, has received KRW 200 million in relation to his duties as a public official; (d) has committed a false confession to the head of a Gun; and (e) has infringed upon the public official’s integrity and criminal justice; and (e) has to reflect his/her mistake in the confession; and (e) have to take into account the equity of the Defendant’s confession and punishment for bribery; and (e) there is no new circumstance to change the sentence of the lower court at the trial; and (e) in light of all the sentencing factors indicated in the pleadings in the instant case, such as Defendant A’s age, character and conduct, motive, motive, means, and circumstances after committing the crime, etc.
Therefore, the prosecutor and the defendant A’s assertion of unreasonable sentencing is without merit.
B. The prosecutor on the defendant B and the prosecutor on the defendant B's assertion of unfair sentencing by the prosecutor on the defendant B and the prosecutor on the defendant B.