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(영문) 부산고등법원 2015.09.24 2015노441

뇌물공여

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the various sentencing conditions in the instant case, the sentence of the lower court (three years of suspended execution for two years of imprisonment, two years of social service, two hundred hours of imprisonment) is too unreasonable.

B. In light of the various sentencing conditions in the instant case by the Prosecutor, the lower court’s above sentence is too uneasible and unreasonable.

2. Examining the various sentencing conditions in the instant case, the crime of this case is committed against the Defendant, in light of the motive and background of the crime, the number of bribe amount offered, etc., which are deemed as a public official, and the fact that the public confidence in the fairness and the number of the officers and employees of the Busan Urban Corporation, who are deemed as public officials, has seriously been damaged by the following: (a) the Defendant, who wished to be awarded a contract at a price lower than the market price, was provided with the inside bid information from the Busan Urban Corporation, which is deemed as a public official; and (b) the crime of this case is committed against the Defendant.

On the other hand, the defendant, who led to the confession of the crime of this case, shows the string and reflecting his mistake; the defendant appears not to play a decisive role in winning the H parking lot site; the F is deemed to be a public official under the laws and regulations, not a public official, and thus, the crime of this case is different from the crime of bribery against public official; the defendant has no record of criminal punishment in addition to the crime of fine; the defendant has no record of criminal punishment; and the defendant's health status is not good.

As above, the sentencing factors are disadvantageous or favorable to the defendant, and the court below, taking into account the above sentencing factors as well as the above sentencing guidelines, has sentenced three years of suspension of execution to two years of imprisonment, in addition to community service work hours of 200 hours within the scope of recommended sentences set in the sentencing guidelines (two years and six months of imprisonment).