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The judgment below
The parts against the Defendants are reversed.
Defendant
B Imprisonment with prison labor of 8 months and fines of 10,000,000;
Reasons
1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the sentence imposed by the court below on the Defendants (Defendant B: imprisonment of August and fine of KRW 11,06,670, surcharge of KRW 11,066,670, Defendant C: Imprisonment of April and fine of KRW 13 million, surcharge of KRW 12,789,80, surcharge of KRW 12,780) are too unreasonable.
2. Examining the various sentencing conditions in the instant case, even though the Defendants received entertainment under the pretext of taking advantage of convenience in concluding and implementing supply contracts as an employee of a nuclear power plant, which is a national key facility, and received money and valuables from the representative of the supplier company, while taking charge of technical inspection and maintenance of the nuclear power plant, and thus directly endangering the safety of the nuclear power plant, the Defendants did not directly cause harm to the safety of the nuclear power plant, such as: (a) the Defendants’ express expression of moral hazard that requires high level safety; (b) the Defendants’ infinites the citizens’ incompetence against the nuclear power plant that requires high level of safety; (c) there is a high possibility of criticism against the Defendants; and (d) methods of receiving money and valuables, etc.; and (e) methods of receiving money and valuables, etc.; and (e) methods of demanding a large amount of money and valuables, etc. to the representatives of the suppliers by telephone or text messages to request the payment of money and valuables to the representatives of the suppliers; and (e) the Defendants directly received money and valuables within the former headquarters (C).
However, the defendants appear to reflect their mistakes in depth while committing the crime of this case, the defendants are all dismissed from the Korea hydroelectric Power and Nuclear Power Co., Ltd. (hereinafter "Korea Power and Nuclear Power Co., Ltd.") which has been working for not less than 30 years due to this case, and the defendants' crimes of this case appear to be one of the structural and organizational irregularities that had been living in Korea Power and Nuclear Power Co., Ltd. in the past.