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(영문) 광주지방법원 2014.04.30 2013노2632
뇌물수수
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below (the 2 years of the suspended sentence in October and the 30,000,000 won in addition, the 10,300,000 won in addition) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. The judgment of the Defendant is an unfavorable circumstance, such as the receipt of a reasonable amount from the employees in relation to promotion, despite being in a position to fairly perform duties while maintaining integrity and morality as a regional-level agricultural cooperative head deemed as a public official, and the receipt of a reasonable amount from the employees in relation to promotion, and the receipt of an order to make a false statement to the employees who given a bribe in the course of investigation.

On the other hand, the fact that the defendant generally recognizes his mistake, there are no criminal records of the same kind and no criminal records exceeding the fine, and the amount of the bribe received is not the big amount, etc. are favorable circumstances.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, etc., the lower court’s punishment is too heavy or unreasonable. Thus, the Defendant and the prosecutor’s assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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