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(영문) 서울고등법원 2014.02.11 2013노3884

특정범죄가중처벌등에관한법률위반(뇌물)

Text

The prosecutor's appeal is dismissed.

Reasons

1. Determination on the grounds for appeal

A. The summary of the grounds for appeal is unreasonable since the sentence imposed by the court below on the defendant (4 years of suspended execution, 2 years of fine suspension, 200 hours of community service order, 20 hours of confiscation) is too uneased.

B. We agree with the prosecutor's assertion that the defendant's criminal liability is not less complicated, and more strict sentencing is required, in light of the law of the crime of this case, social harm and danger, importance of the case, and the necessity of strict punishment for the crime of this case.

However, taking into account all the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the motive for the instant crime, whether to obtain economic benefits, circumstances after the instant crime, the degree of merit as a police officer, family relation, etc., which the lower court properly decided, the lower court did not determine that the lower court, when determining the punishment for the instant crime, sentenced the Defendant to an excessive minor punishment that does not meet the extent of criminal liability

2. The appeal by the prosecutor of conclusion is dismissed on the ground of appeal.

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