[가중뇌물수수등피고사건][하집1984(1),591]
The amount of bribery and additional collection
If it is difficult to pay for each person's expenses in cases of receiving entertainment in bribe and consuming it with the mineer, the value of the whole expenses shall be collected by considering the equal amount of the accepted acceptance amount.
Articles 129, 131, and 134 of the Criminal Act
Mar. 8, 197, 76Do1982 decided Mar. 8, 197 (Articles 134 (11) 1280, 558, 9975 of the Criminal Act)
Defendant
A defendant shall be punished by imprisonment for not more than ten months.
80 days of detention prior to the rendering of this judgment shall be included in the above sentence.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
370,000 won shall be additionally collected from the defendant.
The defendant (name omitted) is a local administrative secretary belonging to the Gu office, who works for the planning and audit of the Gu office and the environmental patrol team from May 21, 1982 to November 10, 1983, and has been in charge of the duty to remove (name omitted) the building without permission within the jurisdiction to be discovered, reported, and removed;
1. On November 15, 1982 (Name omitted) where non-indicted 1 opened a new building on the site (name omitted) of the Gu (name omitted), he was under an official duty to detect and report it without delay, and received a request from the non-indicted 1 to detect and remove it, but he was under his official duty to do so and received a request from the non-indicted 1 to do so on November 18:30 of the same year, he received a cash of 150,000 won at the house of the same Dong-dong (title omitted) and a gold of 30,000 won at the market price of alcoholic beverages such as liquor, etc. at 10:0 on December 27, 1982, and received a cash of 100,000 won at the fourth floor of the Gu-dong 3-dong (name omitted) and received a total of 00,000 won and a total of 0,000 won and 30,000 won at the above-dong on February 1983.
2. The performance of his duties, as provided in the preceding paragraph, has been waived without any justifiable reason.
The trial room for judges,
1. Statement corresponding thereto in this court by the defendant;
1. Each protocol of interrogation of the accused and Nonindicted 2 as to the preparation of the prosecutor’s protocol and the statement of Nonindicted 3 in compliance therewith
1. Among the respective statements made by the project police officers on Nonindicted 4 and 5 regarding the preparation of their business affairs, there is proof as to the fact that it can be recognized by comprehensively taking account of the corresponding statements and records.
Of the so-called judgment of the defendant, the points of bribery No. 1 A are as follows: Articles 131(1) and 129(1) of the Criminal Act; Article 122 of the Criminal Act is as follows; Article 122 of the Criminal Act applies; Article 37 of the Criminal Act provides that the above two crimes are concurrent crimes under the former part of Article 37 of the Criminal Act; Article 38(1)2 and Article 50 of the Criminal Act provides that a person who has been engaged in a public office for multiple years and has been engaged in such public office for more than three years; Article 38(1)2 of the Criminal Act provides that the defendant shall be punished by imprisonment within the scope of the term of punishment imposed by applying Article 131(1) and Article 129(1)3 of the Criminal Act; Article 30 of the Criminal Act provides that the above two crimes are concurrent crimes under the former part of Article 37 of the Criminal Act; Article 38(1)2 of the Criminal Act; Article 50 of the Criminal Act provides that the defendant shall be confiscated for more than 300 days prior to imprisonment.
It is so decided as per Disposition for the above reasons.
Judges Kim Young-il (Presiding Judge)