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The judgment of the court below is reversed.
Defendant
A shall be punished by a fine for negligence of KRW 1,000,000 and by a fine of KRW 2,00,000.
Reasons
1. The summary of the grounds for appeal is unreasonable because it is too unreasonable that the court below's each sentence (a fine of two million won is imposed on the Defendants, and a fine of four million won is imposed on the Defendants) declared by the Defendants.
2. The crime of this case in light of the fact that the Defendants offered a bribe to the employees of the ordering office who are deemed public officials in the manner of payment in lieu of each alcohol value, and that the crime of this case does not constitute a crime of this case in light of the fact that the crime of this case is directly protected by the fairness in the performance of duties by public officials and the trust in society and the purchase of the bribe.
However, the size of the bribe offered by the Defendants (in the case of Defendant A, KRW 1.1 million, and KRW 2 million in the case of Defendant B) is not significant, and the Defendants paid the alcohol value, etc. in the process of responding to the demand of the consignee, and there are some circumstances to consider the circumstances leading up to each of the crimes of this case, and the Defendants shows the attitude that the Defendants are seriously against their own misconduct.
There is no criminal conviction beyond the same kind of criminal conviction and fine.
In light of the above conditions unfavorable or favorable to the Defendants, and other conditions of sentencing as shown in the argument in this case, each sentence sentenced by the court below against the Defendants is unreasonable.
Each of the above arguments by the Defendants is with merit.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows after pleading.
[Re-written judgment] The summary of each criminal fact and evidence against the Defendants recognized by this court is limited to the deletion of “1. The Defendants’ respective legal statements” in the part of the judgment of the court below, instead of “1. The Defendants’ respective legal statements.”