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(영문) 서울고등법원 2016.11.04 2016노2094
뇌물수수
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal against the Defendants (i) the lower court’s punishment (i) the Defendant’s imprisonment of two years, three years of suspended sentence of three years, and fines of 27.5 million won, additional collection of 27.5 million won, and (ii) Defendant B’s imprisonment of one year and six months, three years of suspended sentence of three years, and fines of 20 million won, additional collection of 20 million won, ③ Defendant C: imprisonment of two years, three years of suspended sentence of imprisonment, and fines of 20 million won, additional collection of 20 million won, and ④ Defendant D’s imprisonment of two years, three years of suspended sentence of imprisonment, and fines of 20 million won, additional collection of 20 million won, and additional collection of 20 million won) are deemed unreasonable.

2. The Defendants, who are deemed public officials or persons who are deemed public officials under the law, are in charge of supervising or supervising the responsibility and supervision over each construction site, or supervising the construction site, and in light of the motive and background of the crime, the means and method of the crime, the amount of the bribe received, etc., the crime of this case is not good. Such crime is considerably detrimental to the public trust in relation to the fairness and uncertainty of the performance of public service, and is highly harmful to society, and Defendant A also urged calls for a bribe that has been promised several times after having been ordered to perform the construction work.

However, the defendants recognized each of the crimes of this case and reflect their depth, Defendant B and C are first offenders who have no criminal power, Defendant A and D have no record of criminal punishment except for each of the crimes of this case, Defendant A and D are not public officials, and Defendants A and B are deemed public officials in the application of the crime of bribery under the Criminal Act according to the law, not public officials, and Defendant B, C and D are deemed not to demand a bribe to each of the granting companies. Defendants are the family members who must support each of the crimes of this case, and they want to support their families, and Defendant B was dismissed from office, and Defendant D was removed from office.

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