The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The defendant above.

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of four months, the suspension of execution of one year, and the collection of penalty) is too unreasonable.

2. In the instant crime, the Defendant, who is a fire-fighting official, intended to grant money and valuables to his superior for the solicitation of promotional personnel, which is disadvantageous to the fact that it violates the duty of integrity of public officials and thus is likely to be criticized as detrimental to the trust and discipline of the public service society.

However, in full view of various sentencing conditions in the records and arguments in the first instance court, including the fact that the Defendant commits a violation of the Defendant’s mistake, the fact that he/she seems to have faithfully performed his/her duties for about 27 years as a fire-fighting official, the first offender who has no criminal history, the fact that he/she was unable to deliver a bribe, the circumstances that are favorable to the intent to deliver a bribe, such as the fact that the bribe was not delivered, and the Defendant’s age, sex, environment, family relationship, circumstances, circumstances after the crime, balance with the sentence sentenced by the joint Defendants of the first instance court (the amount that the Defendant intended to provide is more than 3-4 million won than the joint Defendants of the first instance court) and the balance with the sentence sentenced by the joint Defendants of the first instance court (the type of punishment does not seem to be more severe than 3-4 million won).

The grounds for appeal are with merit.

3. Since the appeal by the defendant is well-grounded, the part of the judgment below against the defendant in accordance with Article 364(6) of the Criminal Procedure Act is reversed, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are identical to the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 133 (1) and Article 129 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 134 of the Criminal Act;

1. The Criminal Procedure Act of the Provisional Payment Order.