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(영문) 서울고등법원 (춘천) 2016.04.06 2016노16
뇌물공여의사표시
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10 million.

The above fine shall not be paid by the defendant.

Reasons

The decision of the court below on the summary of the grounds for appeal (6 months of imprisonment and 2 years of suspended execution) is too unreasonable.

Judgment

Although there were unfavorable circumstances such as the Defendant’s physical conditions of public official F and the production of a prior order for golf wing operations to be provided to F, etc., the Defendant was the first offender who had no record of criminal punishment until now, the Defendant committed a crime from the beginning of the investigation to the date of the criminal punishment, and his mistake in depth, and other favorable circumstances such as the Defendant’s support for old old old old old old old old old old old old parents and their families, the sentencing cases in the same kind of similar cases, the value of the bribe to be provided, the scope of recommendations according to the sentencing guidelines of the Sentencing Committee, the Defendant’s age, sexual behavior, environment, the circumstances after the crime, etc., are considered, and the punishment imposed by the lower court is too unfair. Thus, the Defendant’s allegation of the illegality of sentencing that points this out is with merit.

As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

Since the summary of the judgment of the court below is the same as the corresponding column of the judgment below, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 133(1) and Article 129(1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The main sentence of Article 134 of the Criminal Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of punishment by law: A fine not exceeding 20 million won;

2. Determination of sentence: Determination of sentence, prior to a fine of KRW 10,000,00, by taking account of the various circumstances as seen in the part of determination of the allegation of unfair grounds for appeal of sentencing.

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