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(영문) 부산고등법원 2017.01.12 2016노609
뇌물공여등
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal against Defendant A and F (in case of Defendant A: one year and two months of imprisonment; two years of probation; three years of probation; three years of probation; and the community service order 120 hours and additional collection amounting to 25 million won) that the court below rendered is too heavy or unfased, and the sentence against Defendant E (in case of imprisonment with prison labor for six months and two years of probation) is too unreasonable.

2. In full view of the factors and guidelines for sentencing as indicated in the judgment of the court below, the judgment of the court below that held the following as the primary sentencing seal was exceeded a reasonable limit of discretion, when comprehensively taking into account the following factors: the method and process of the crime of this case, the attitude of the act (including the delivery of a bribe upon the request of Defendant A from S through actively), the degree and scale of participation, the Defendant A and F’s Defendant A and F’s Defendant A, the recovery of the damage from embezzlement, the Defendants’ reflectivity, health conditions, and the record of the crime, etc.

It can not be assessed, and there is no or a lack of circumstances or materials to see that it is unfair to maintain the sentencing of the court below in the course of the deliberation of the case, so the defendants and the prosecutor's argument about the sentencing of the court below seems to be without merit.

3. According to the conclusion, all appeals filed by the Defendants and the prosecutor are dismissed (Article 364(4) of the Criminal Procedure Act).

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