Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
95 million won shall be additionally collected from the defendant.
Reasons
1. The summary of the grounds for appeal: Unreasonable sentencing: (a) an unreasonable sentencing sentence; (b) the Defendant did not make an illegal solicitation after receiving money; (c) the Defendant has reduced the possibility of special amnesty; (d) the Defendant did not first demand compensation; (e) there are circumstances to consider the motive for receiving money; (v) the Defendant was fully returned; (vi) the donor was not punished; and (vi) the number of days of detention pending trial and the health conditions of the Defendant were considered to be too unreasonable.
2. The crime of this case was committed by the Defendant on the pretext that the Defendant would make a special amnesty against the former head of the Gun to receive a large amount of money of KRW 95 million from his family under the pretext that the Defendant would make a solicitation. As such, the Defendant, who was under the control of the member of the National Assembly and the Secretary-General, the only general within the legislative department, committed an illegal act that is not against his dignity and dignity as a former senior public official, and thus, there is a need for strict punishment against the Defendant even in light of the social demand that the Defendant ought to take an illegal
In particular, the defendant's solicitation requested in return for the delivery of money is related to the special amnesty against the reduction of capital for which punishment has become final and conclusive, and in light of the fact that the fairness of the execution system of punishment and the confidence of the state agencies and public officials in charge of amnesty may have a significant adverse effect on the people's trust, such solicitation is likely to be subject to criticism.
In addition, the circumstances after the crime are not good by seeking illegal requests from relevant public officials, such as actual contact with National Assembly members belonging to the Legislation and Judiciary Committee of the National Assembly to reduce the possibility of special amnesty after receiving the money.
However, the defendant recognized the crime of this case from the investigative agency to the trial, and reflects his mistake in depth, and is minor to the defendant.