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(영문) 광주지방법원 2017.05.11 2017노1068
알선뇌물수수
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentence (a year of imprisonment, a fine of KRW 40 million, an additional collection of KRW 19.4 million) on the summary of the grounds for appeal is too unreasonable.

2. The following facts are favorable to the Defendant.

The defendant recognizes his mistake and reflects his fault.

substantial part of the bribe received was returned to the donor.

There is no record of punishment beyond a fine and there is no record of punishment for the same crime.

On the other hand, the following is disadvantageous.

The crime of this case is a case in which the defendant received a bribe from F under the pretext of mediating the order order of G public officials belonging to G by taking advantage of the status of C Do Council member, and the defendant does not appear as an example as a Council member, and instead received money and valuables from a business operator under the pretext of good offices by taking advantage of his status.

The total amount of a bribe received by the defendant is 19.4 million won or less;

subsection (b) of this section.

The defendant's crime of this case can cause damage to the people's trust in the integrity of the duty of public officials and the fairness of the government-funded construction work.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., and various sentencing conditions as shown in the records and arguments, even if considering the circumstances favorable to the Defendant, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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