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(영문) 부산고등법원 2016.12.15 2016노555
특정범죄가중처벌등에관한법률위반(알선수재)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years and six months of imprisonment and additional collection of KRW 310,000) is too unreasonable.

2. In full view of the various factors that serve as the conditions for sentencing as shown in the judgment of the court below, it cannot be evaluated that the judgment of the court below that the method and content of the crime in this case (in particular, that the amount received reaches KRW 310 million), the nature of the crime, the damage to the trust in the official duties infringed thereby, and the criminal records of the defendant, etc., were exceeded the reasonable limit of the discretion, and the judgment of the court below that made the defendant as the main sentencing factors cannot be deemed to have exceeded the reasonable limit of the discretion, and there were no circumstances or materials to deem that the maintenance of the sentencing in the course of the judgment of the court below was unfair or insufficient, and thus, the defendant's assertion of unfair sentencing

The defendant's assertion that a significant portion of the amount received from I would be refunded to the unpaid construction cost while recognizing the facts charged itself at the time of the trial. As such, the argument is difficult to accept as proper decision of the court below, and the fact that the facts charged itself is recognized does not lead to changes in circumstances that can reverse the judgment below.

3. Accordingly, the defendant's appeal is dismissed.

(Article 364 (4) of the Criminal Procedure Act)

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