알선뇌물수수등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a year and a fine of 12,00,000 won.
The above fine shall be imposed on the defendant.
1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable that the lower court’s punishment (one year of imprisonment and fine of 12,00,000,000 won, and the amount of surcharge No. 7,000,000) is too unreasonable.
2. Each of the crimes in this case requires a strict punishment against the defendant in light of the fact that the defendant, who is a public official requiring high integrity and morality, demands and receives money and valuables in a considerable amount under the pretext that he/she treats civil petitions, etc. through a public official in charge by taking advantage of his/her position, and in this process, he/she disguises the acquisition of criminal proceeds by using another person's account, etc.
However, in depth, the defendant's actions that he had taken care of and reflects all the facts charged, the defendant did not have the same criminal records and no other criminal records except for the same criminal records and one time, the defendant faithfully worked for about 37 years, and the defendant has been detained for about 5 months due to each of the crimes in this case. The defendant seems to have considerable difficulty in living of the above family; the defendant returned money and valuables 7,00,000,000 won received from B around December 23, 2016; the defendant was dismissed on March 2017, and there seems to be little disadvantage in his status as well as the possibility of repeating the crime; and the defendant has been served for about 37 years as a public official; and the defendant has been detained for about 5 months or more due to each of the crimes in this case; and the defendant seems to have been the most likely time to have been detained; and the court below's unfair sentencing conditions in this case such as age, sex, family relationship, etc. are too unfair.
Therefore, the defendant's argument of sentencing is justified.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
[Grounds for the judgment to be used again] Summary of facts constituting a crime and evidence