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(영문) 서울고등법원 2014.01.24 2012노1747

특정범죄가중처벌등에관한법률위반(뇌물)

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of 2 years and 6 months and a fine of 30 million won.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (the penalty of imprisonment of three years and fine of thirty million won, and the penalty of thirty million won) is too unreasonable.

2. The crime of this case is committed by the defendant as a professor of the machinery engineering department of the International University of Korea, who was commissioned as a member of the Design Advisory Committee of the Korea Environment Corporation, and received a bribe in relation to the deliberation and evaluation of construction enterprises suffering from a sudden economic interest. The possibility of criticism is high. The defendant's crime of this case seriously undermines the citizen's trust in the fairness of the work of design deliberation of the Korea Environment Corporation and the non-purchase of official duties. In particular, the defendant received a bribe from a construction enterprise in charge of deliberation and evaluation of basic design plans and drawings, and thus, the nature of the crime is serious, and the amount of bribe received by the

On the other hand, the defendant's confession of the crime of this case and reflects the defendant, the defendant is not actively demanding a bribe, the defendant appears to have used part of the above bribe received by the defendant for the training of post-schools, the defendant is a first offender who has no criminal power, and the defendant is a quasi-public official who is deemed a public official, etc., which are favorable to the defendant. In full view of all the circumstances revealed in the above normal relation, such as the defendant's age, character and behavior, environment, circumstances of the crime of this case, circumstances after the crime, and other circumstances revealed in the argument of this case, the punishment of the

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court as to this case is identical to the corresponding column of the judgment below.