뇌물수수등
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
except that this judgment.
The lower court found the Defendant guilty of the ancillary charges of acceptance of bribe against the Defendant, and found the Defendant not guilty of the primary charges on the grounds of the foregoing.
Accordingly, as only the defendant appealed, the part of the judgment of the court below, which was not guilty, was transferred to this court, but was exceeded from the object of public defense among the parties, the conclusion of the judgment of the court below is to be followed, and the reasons for the judgment are not stated separately.
Summary of Grounds for Appeal
In the first evaluation, the members of the Selection Committee composed of public educational officials, teachers and staff, and operating members shall select five companies from among the participating companies in the bidding from among the first evaluation, and the Public Procurement Service shall select one of them as the final successful bidder in the second evaluation in accordance with its own standards.
Therefore, since the defendant merely was the principal of the above elementary school, the right to decide on the selection of the construction company of this case cannot be affected by the mere fact that it was the principal of the above elementary school, the selection of the construction company of this case
Therefore, there is no relevance to the duty which is the constituent element of bribery.
Two ppuris and three-jus that the defendant received from B are merely a courtesy gift received in a personal-friendly relationship without compensation related to his/her duties.
In relation to the crime of demanding a bribe, the Defendant did not make a statement to theJ to the same effect as that stated in this part of the facts charged, and there is no fact that the Defendant demanded a bribe.
The sentence of unfair sentencing (two years of suspended sentence in August) of the lower court is too unreasonable.
Judgment
Before deciding on the grounds for appeal by the defendant's ex officio, the prosecutor examined the facts charged against the defendant, and the prosecutor stated the following facts charged against the defendant.