beta
(영문) 대전지방법원 2015.07.16 2015노1578

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 20 million won) is too unreasonable.

2. The judgment of the defendant is divided in depth into and against his mistake, the defendant seems not to have actively demanded a bribeer during the process of bribery, the defendant appears to have actively cooperated in the investigation of other cases after having been investigated into the crime of this case, there was no criminal record other than having been punished three times due to the crime of this case, and there was no criminal record other than having been punished by a fine and a surcharge imposed by the court below, the defendant paid both a fine and a surcharge imposed by the court below and did not retain profits acquired from each of the crimes of this case, the defendant has been in a relatively sincere position while serving as a public official for a long time, and the defendant's health seems to be not good due to depression and injury, etc., and the defendant's family and a person wishing to take a post against the defendant is considered to be favorable.

However, even though the Defendant had a duty to perform his duties as a viewing public official, the crime of this case is committed in favor of and with the view to accepting a bribe from an enterprise closely related to his duties, and the amount of bribe received over three times is more severe than 20 million won in total, and there is a need to strictly punish such a crime as being considerably detrimental to the fairness and adequacy of official duties and the sound public trust in the society. The scope of the recommended sentence for each of the crimes of this case, which was established by the Supreme Court Sentencing Commission, is 1 to 3 years in imprisonment, and the scope of the recommended sentence for each of the crimes of this case is 1 to 3 years in prison, 2 types of crime of acceptance of bribe, 2 types of crime of acceptance of bribe (not less than 10 million won but less than 30 million won), determination of the recommended area, the scope of punishment (basic area), the scope of punishment (one year to 3 years in total), and other defendant's age, character and behavior, environment, means and result, etc.