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(영문) 부산고등법원 2014.12.18 2014노600

수뢰후부정처사

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the various sentencing conditions in the instant case, the sentence imposed by the lower court (a punishment of three years of imprisonment and a fine of KRW 120 million, a surcharge of KRW 56,538,994) is too unreasonable.

B. In light of the various sentencing conditions in the instant case by the Prosecutor, the above sentence imposed by the lower court is too uneasible and unfair.

2. Examining the various sentencing conditions of this case, the crime of this case was committed by the Defendant, a public official of Grade 6 affiliated with the Ministry of Oceans and Fisheries, who conducted an inspection under the provisions of the International Convention and the Port State, and conducted an inspection under the provisions of the International Convention and the Port State with respect to a ship found to have a defect, and prepared and delivered a draft inspection report stating that the captain, etc. of the ship entering a large port may be an ex-open port by stating the defect included in the grounds for departure, and the captain, etc. of the ship entering the port may be an ex-open port, and requested the vessel owner or the vessel manager to pay money to the said ship in return for the removal of an ex-open port, and received the amount of money of KRW 48,382,00 and USD 6,91.51 (originalized KRW 8,156,94) with respect to the Korean won, and the

In addition to actively demanding a bribe, the nature of the crime and the circumstances are very poor, such as the relevance to the affairs of the bribery and the amount of the bribery, and the amount of the bribery amount to 56,538,94 won, etc. The crime of this case seriously damages the fairness and incompetence in the performance of duties of the public official, and the trust of the people. In particular, the counterpart who requested the money and valuables is the vessel owner of a foreign nationality or the vessel management company, etc. who manages the vessel of the foreign nationality, and due to the crime of this case, the international trust on the integrity of our public agency is lowered.