뇌물수수
The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B Imprisonment of 2 years and 6 months and fine of 45,00,000 won.
1. The lower court acquitted Defendant B and C of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) and the crime of offering of bribe on the grounds of the judgment.
As to this, Defendant B, C, and public prosecutor only filed an appeal against the conviction of the judgment of the court below, the acquittal of the judgment of the court below should be deemed to have been exempted from the object of public defense among the parties. As such, the judgment of the court below should be followed with respect to this part, and the reasons for the judgment are not stated separately.
2. Summary of grounds for appeal;
A. Each sentence of the court below against the defendants (the defendant A: 1 year and June 2; 20 million won; 10 million won; 2.0 million won; 3 years; 45 million won; 3 years; 35 million won; 35 million won; 35 million won; 2 years of probation in one year) is too unreasonable.
B. Each sentence of the lower court against the Defendants by the Prosecutor is too unhued and unreasonable.
3. Judgment on the assertion of unfair sentencing
A. Defendant A received a bribe of KRW 20 million from a person who operates the game room as a police officer in charge of the control of illegal game places, etc., and accordingly, Defendant A received a bribe of KRW 20 million from the person who operates the game room.
These circumstances are disadvantageous to Defendant A.
However, the defendant A recognized the crime of this case and reflected his mistake.
A defendant has no other criminal records, except for minor criminal records and two times.
Defendant
A did not first demand money and valuables to Defendant C, and served as a police official for about 24 years in addition to the instant crime.
These circumstances are favorable to Defendant A.
These circumstances and Defendant A’s age, character and conduct, intelligence.