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1. The part of the judgment below against Defendant C and D shall be reversed.
2. Defendant C and D shall be punished by imprisonment with prison labor for one year.
3...
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendants (Defendant C: 2 years of suspended sentence and additional collection of KRW 70,616,000 for the two years of imprisonment; KRW 3 years of suspended sentence and additional collection of KRW 143,050 for the two years of imprisonment; KRW 143,000 for the two years of suspended sentence; and KRW 2 years of suspended sentence and additional collection of KRW 10,000 for the six months of imprisonment) are too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. The crime of this case is a case in which the Defendants received money and valuables from a subcontractor in exchange for an illegal solicitation while serving in the site warden, etc., and the crime is highly serious in that the Defendants were responsible for construction of transmission lines and transmission towers, which are national key facilities.
As the Defendants acquired money, Defendant C was given approximately KRW 70,610,000,00 to Defendant C and KRW 143,050,000 to Defendant D.
These points are disadvantageous to the Defendants.
On the other hand, the Defendants made confession of all the crimes of this case and reflect in depth their errors.
Defendant
C and D returned the full amount of the money illegally acquired through the original judgment and the trial, respectively, and Defendant E is relatively less than the money received.
The Defendants seem to have used the amount equivalent to the acquired money for on-site security or employees.
Defendant
C and D have no record of punishment except once a fine, and Defendant E is an initial criminal who has no record of crime.
These points are favorable to the Defendants.
In full view of all circumstances, including these circumstances, including the Defendants’ age, sex, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, etc., the sentence imposed by the lower court on Defendant E is determined to be within the appropriate range of sentence corresponding to its liability, and the sentence imposed on Defendant C and D is somewhat unreasonable.
Accordingly, Defendant C and D.