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(영문) 부산고등법원 2014.09.25 2014노323

뇌물수수

Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal argues that with respect to the punishment [the punishment for Defendant A: fine of 5 million won, the suspended sentence (the suspended sentence: imprisonment with prison labor for six months), and the fine of 5 million won] declared by the court below to the Defendants, the Defendants are excessively unreasonable, and the prosecutor asserts that the punishment for Defendant A is too unreasonable.

2. Determination

A. The crime of this case against Defendant A (hereinafter “Defendant”) is committed by Defendant A (hereinafter “Defendant”) by receiving KRW 1.8 million per case from a police officer, who is in charge of handling of the case of alteration and death, in return for providing information on the case of alteration from a dead-end business operator, and the nature of the crime is inferior. The crime is serious in that the crime is committed in that the integrity of the public service society and the fairness of the public official’s performance of his duties would damage the general public’s trust. The Defendant’s criminal act has been reported to the media, thereby impairing the morale of the police officer in charge of the police administration, and has injured the honor.

However, there is room to view that the Defendant’s receipt of bribe does not seem to have actively demanded a bribe to Defendant B, the amount of bribe received is not more than 1.8 million won in total, and the Defendant was introduced to Defendant B from the time of birth through G, and the Defendant’s female her female her female her female her female and G’s wife was under medical treatment on August 15, 201, and died on August 15, 2012. In light of the relationship between Defendant B and G, the time of receipt of money, etc., there is room to view that the amount received by the Defendant was included not only in the cost of providing variable information, but also in the name of subsidizing H’s hospital expenses. The Defendant was dismissed due to the instant case, the Defendant did not have any history of criminal punishment, and the Defendant was recognized as having served as a police official for about 17 years, while serving as the head of Busan Provincial Police Agency from around 2006 to December 2012.