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(영문) 창원지방법원 2016.04.14 2015노2998

뇌물수수

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal is that the sentence imposed by the court below on the defendant (one year of imprisonment, two years of suspended sentence, fine of 15 million won, additional collection of 22.5 million won) is too unfluent and unreasonable.

2. The crime of this case is serious infringement of the interests of the above Protection Act, in light of the process of performing the duties of a public official, trust in society, and the reliance on the act of performing duties of a public official, and the circumstances, means, and methods, etc. of the crime of this case.

However, even though the press reports on the acceptance of bribe and the investigation by the K Gun Office are made after the defendant was present at the investigative agency and made a statement without concealment about the crime of this case, if the defendant did not make a statement actively, it seems that the part not to have been disclosed is reasonable, and that the defendant has no criminal history other than the same criminal history and fine once for the same kind of crime and minor fine, etc. are considered as favorable to the defendant.

The court below, including the above circumstances, determined the punishment by fully taking into account the circumstances of the defendant within the scope of the sentencing guidelines and determined the punishment within the reasonable scope.

In addition, there is no circumstance that can be newly considered in the judgment of the court, so the sentence of the court below is too unfasible and unfair.

3. If so, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.