뇌물수수
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
The sentence of a fine against the accused.
1. The punishment of the court below (two years of imprisonment, additional collection of 22,00,000 won) is too heavy when considering the various circumstances against the defendant in light of the summary of the grounds for appeal.
2. We examine the defendant's grounds for appeal ex officio prior to the judgment
Article 2 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes provides that a person who commits a crime stipulated in Article 129, 130 or 132 of the Criminal Act shall be concurrently punished by a fine of not less than two times but not more than five times the amount of the accepted bribery.
However, the court below acknowledged that the defendant committed a crime under Article 129 (1) of the Criminal Act while determining the defendant's punishment, omitted the concurrent imposition of fines under Article 2 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes. Thus, the court below erred by misapprehending the legal principles on the necessary concurrent imposition of fines, which affected the
3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.
Criminal facts
The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 129 (1) of the Criminal Act and Article 2 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes, comprehensively including the corresponding Articles of the Act on the Punishment, etc. of Specific Crimes and the choice of punishment;
1. Fines of a fine to be suspended of sentence 50,000,000 won;
1. Articles 70 and 69(2) of the Criminal Act (500,000 won a day);
1. Article 59(1) and (2) of the Criminal Act of the Suspension of Sentence (with respect to a fine for negligence)
1. The reason for sentencing under the latter part of Article 134 of the Criminal Act is that the defendant recognized the crime of this case and repented in depth, the defendant has performed his duties in a relatively faithful manner for not less than ten years, and the defendant has performed duties in a relatively faithful manner.