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(영문) 광주지방법원 2017.06.28 2017노1719

특정범죄가중처벌등에관한법률위반(알선수재)

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 (a year of imprisonment, an additional collection of KRW 97,986,80) is too unreasonable.

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

2. We examine the judgment, and the fact that the defendant recognized all of the crimes of this case when the defendant was in the first instance, and repented his mistake is favorable to the defendant.

However, each of the crimes of this case is a situation unfavorable to the defendant, such as: (a) the defendant exercises the authority to enter into government-funded contracts on behalf of the public official in charge by taking advantage of his personal relations; (b) the receipt of money and valuables in return for taking out contracts from the companies; and (c) the nature of the crime is very good in light of the method and content thereof; (c) such crime is a serious damage to the general public’s trust in the fairness of the contract work performed by the local government; and (d) each of the crimes of this case is committed in collusion with the defendant and E; (c) although the degree of the defendant’

In addition, in full view of all the sentencing conditions shown in the records and arguments of this case, including the defendant's age, sex, and circumstances after the crime, since the sentence of the court below is too heavy or it seems unfair because it is too low, the defendant and the prosecutor's assertion are without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.