1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for six months and a fine of one thousand won.

3. The defendant is above.

1. Summary of grounds for appeal;

A. Defendant 1) The crime of leakage of secrets in the line of duty requires the disclosure of official secrets under the relevant laws and regulations.

In that sense, L's appointment as an evaluation committee member of the N's "N" business (hereinafter referred to as the "N") shall not be defined as confidential by the law, but it is worth protecting it as a substantial secret.

As such, it cannot be viewed as a secret under the law.

Since Defendant was transferred to the AB Myeon Office prior to the appointment of the said recommending agency and was not in charge of the instant project, the fact of the appointment of the recommending agency is not directly known.

In addition, prior to notifying the Defendant of the appointment of the recommending agency to B and S, the Defendant had already been aware of the above fact, and thus, the Defendant had no intention to divulge confidential information in the course of performing his duties.

B) Subsequent to the acceptance of a bribe, a public official’s unlawful action is established by committing a crime of bribery.

However, the term “illegal act” in this context refers to an act in violation of duties, and the defendant was informed S and B of the selection of the recommending agency.

Even if it is not a divulgence of official secrets, it is not related to duties.

Even if the Defendant received alcoholic beverages from B, it was intended to obtain data and advice necessary for the instant business, and thus, it does not constitute a bribe, and it cannot be recognized that the Defendant’s act of notifying the above-mentioned party and B of the appointment of the recommending agency.

2) Even if all of the charges of sentencing are found guilty, the sentence imposed by the court below (the suspended sentence of imprisonment for a period of six months, fine of one million won, additional collection of KRW 725,00) is too unreasonable.

B. The Prosecutor’s sentence is too uneased.