특정범죄가중처벌등에관한법률위반(뇌물)등
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a period of two years and six months and by a fine of thirty-five thousand won.
The defendant above.
In light of the various sentencing conditions in this case, the penalty imposed by the court below (the penalty of 4 years, 35 million won, 30 million won) is too unreasonable.
Judgment
Examining the various sentencing conditions of the instant case, the following are the circumstances that the Defendant received KRW 5 million from the representative director of the relevant company while working as an executive or employee of a public institution, and demanded and promised to demand KRW 30 million in relation to his/her duties, and that the Defendant received KRW 20 million among them, and pretended to the fact regarding the acquisition of criminal proceeds as if it were a normal transaction price. In light of the motive, content, method, and the status of the Defendant, the crime is inferior and has a heavy criminality; the amount of bribe received by the Defendant is not stated as KRW 30 million; the Defendant’s act seriously damaged the public’s trust in relation to the fairness of performing his/her duties and the purchase of official duties.
On the other hand, when considering the following factors: (a) the Defendant appears to have both the time and depth of the instant crime when it was committed; (b) the person who is deemed a public official pursuant to the Criminal Act, not a public official; (c) the person who retires from D in the application of the bribery Act; (d) the full amount of the bribe received in the trial; and (e) the first offender who has no record of criminal punishment; and (c) the Defendant’s age, sex and environment; (d) family relationship; (e) the motive, means and method of the instant crime; and (e) the circumstances after the crime, etc., the sentence imposed by the lower court is somewhat unreasonable.
Therefore, the defendant's ground of appeal disputing unfair sentencing is with merit.
Thus, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
[Reasons for the new judgment] The summary of facts constituting a crime and evidence.