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(영문) 대전지방법원 2015.06.04 2015노886

뇌물수수

Text

Defendant

The appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and fines of 25,00,000) of the original judgment is too unreasonable.

2. The circumstances are that the Defendant’s mistake is divided in depth and reflected, that the Defendant does not actively demand a bribe recipient during the process of accepting bribe, that the Defendant appears not to have the authority to actually and finally make decisions in the method of concluding a contract or in the selection of an enterprise, and that there are no criminal records, in addition to punishment with the same criminal records or fines imposed twice.

However, even though the Defendant had a duty to perform his duties in an integrity and fair manner as a business D public official, the crime of this case is committed and received a bribe from a business director of an enterprise closely related to his duties, and the nature of the crime is inferior, and the amount of the bribe received is also heavy, and the crime requires strict punishment as to the fairness and appropriateness of official duties and the trust of the general society. The crime of this case requires strict punishment. The scope of the recommended sentence for the crime of this case established by the Supreme Court Sentencing Committee established by the Supreme Court Sentencing Committee is the crime of bribery, the crime of acceptance of bribe, the second type of the crime of acceptance of bribe (one million won to three million won), the determination of the recommended area, the scope of recommendation (basic area), the amount of recommendation (one year to three years), and the amount of recommendation (one year to three years), and all other conditions such as the defendant's age, character and behavior, the motive and consequence of the crime, etc. are not recognized.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.