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(영문) 광주지방법원 2016.07.20 2015노2873
뇌물수수
Text

All appeals by the Defendants are dismissed.

Reasons

1. The main reason for appeal is that the sentence of the lower court (Defendant E: 2 years of suspended sentence for 4 months of imprisonment; 8 million won of fine; 7.6 million won of additional collection; 2 years of suspended sentence for 8 months of imprisonment; 20 million won of fine; and 14.2 million won of additional collection) is too unreasonable.

2. The judgment of the Defendants properly recognized and reflected the instant crime, and Defendant E was only sentenced to a fine in the last 2008, and Defendant F did not have any criminal record. The Defendants were the status deemed as a public official in the application of the crime of bribery at the time of the instant crime.

On the other hand, the crime of this case is a case where the defendants, who are responsible supervisors, receive a bribe under the pretext of the principle of supervision of liability on a regular basis in relation to the performance of their duties, such as the value of rice tea, etc., and thus, the purpose of the introduction of the responsible supervision system is to realize. In particular, the crime of this case is low in relation to the four major projects, which are national projects, and thus, the damage, such as defective construction, etc., is ultimately returned to the general public of tax payment, and the amount received by the defendants is a considerable amount of bribe (Defendant E: KRW 7.6 million, Defendant F: KRW 14.2 million).

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendants’ age, sexual conduct, and environment, etc., the lower court’s punishment is too excessive and is not deemed unfair. Therefore, the Defendants’ assertion is without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the Defendants are without merit. It is so decided as per Disposition.

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