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(영문) 광주지방법원 2017.06.14 2017노1345

뇌물수수등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the imprisonment of one year and six months, the fine of 16 million won, and the additional collection of 8 million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The fact that the Defendant recognized all of the crimes of this case when the judgment was made in the first instance, against his mistake, and the fact that the Defendant was the first offender is favorable to the Defendant.

However, each of the crimes of this case is a normal situation that is disadvantageous to the defendant, such as the fact that the defendant used his position and role to make an illegal instruction or request to a public official in charge of F Viewing contracts, thereby allowing the public official in charge of F Viewing contracts to enter into an government-funded contract with his own will or family members without going through a normal procedure, allowing his own will or his family members to acquire large-amount of unjust benefits, and as a result, the defendant's acceptance of money and valuables is not very good to commit the crime, and the government-funded contract with 40 cases of over 1 billion won was concluded unfairly due to the abuse of the defendant's abuse of authority, and the total amount of the contract amount is over 1 billion won and the profits earned by his will and family members are over 1.60 million won, and such a crime requires strict punishment as it seriously undermines social trust in the fairness of contracting affairs conducted by a local government.

In addition, comprehensively taking into account the circumstances of each of the instant crimes, the circumstances after the commission of the instant crimes, the Defendant’s occupation, and sexual conduct, etc., and all of the sentencing conditions indicated in the records and pleadings, the lower court’s punishment is too heavy or is too heavy, and thus, the Defendant and the Prosecutor’s assertion are without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so ordered.