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The judgment below
The parts against the Defendants are reversed.
Defendant
A A A A with a fine of KRW 6 million, Defendant C.
Reasons
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the Defendants (the defendant A: 6 months of imprisonment and 2 years of suspended execution, 6 million won of fine, 6 million won of collection, and 6 months of imprisonment) is too unreasonable.
2. Determination
A. Although Defendant A is in a position to fairly handle the administrative affairs of a school as the principal of an elementary school and to set an example to school staff and third parties, Defendant A received a certain amount of money of KRW 6 million from the construction business operator of the school building as an honorarium, and thus, the nature of the crime is not weak.
However, since the Defendant was issued as a teacher in 1970, the Defendant worked as an educational public official for 41 years, and worked as a lifelong teacher at a rural school in February 201, and has been dedicated to lifelong education as a lifelong education teacher, such as receiving a certificate of commendation from the Minister for Delivery, the Superintendent of the Office of Education, etc., and receiving a certificate of commendation at the time of retirement.
In addition, the Defendant’s misunderstandings in the investigation and trial process of this case, which was late after retirement, and the mother of the Defendant, who was old, was aware of the crime of this case and died around March 2012, is divided into a truth-finding.
It seems that the defendant maintains his livelihood with retirement benefits paid every month after retirement, and the defendant's wife currently is suffering from chronic diseases and is suffering from difficult circumstances.
In addition, considering the sentencing conditions of Article 51 of the Criminal Act, such as the fact that the defendant deposited KRW 6 million in the middle of B in order to return money received, and that there is no record of crime, the circumstances of the crime, the age and character of the defendant, etc., and the sentencing conditions of Article 51 of the Criminal Act, it is deemed that the punishment of the court below is too unreasonable.
B. Defendant C, as a construction business operator, is a part of the Defendant’s body, and the Defendant introduced Dom construction business operator B to the school side, and the principal of the school shall be the amount.