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(영문) 의정부지방법원 2016.08.30 2016노953

입찰방해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 4 million) is too unreasonable.

2. Determination

A. It is recognized that the Defendant, who led to the instant crime, led to the confession of and reflect on the instant crime, and the economic situation is difficult.

B. However, in full view of the following circumstances: (a) the Defendant involved in the selection of school meal service suppliers that should comply with fair competition by unlawful means; and (b) the Defendant has been awarded a supply contract equivalent to KRW 375,987,90 over 75 times from February 21, 2013 to June 23, 2014; (c) the period of the crime is longer long; (d) the number of times of the crime is not specified; and (e) the participating companies in the tender caused damage; (b) the Defendant did not recover from the damage; and (c) the Defendant’s age, background, and circumstances after the crime, etc. are considered favorable to the Defendant, even if considering the above circumstances favorable to the Defendant, the lower court’s punishment is too unreasonable.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.