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(영문) 청주지방법원 2018.07.12 2018노370
뇌물수수
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unafford that each of the punishments imposed by the court below [Defendant A: fine of 1,600,000 won; fine of 2,400,000 won; fine of 2,400,00 won for the Defendants; each of the suspended sentence (a year of qualification suspension); and penalty of 757,464 won for each additional collection];

2. The lower court, on the grounds the same as indicated in its reasoning, determined each of the above punishment against the Defendants. The crime of this case was committed by the Defendant by the Defendant, who sold the agricultural products through the auction by a private person, on three occasions by the distributors who sold the agricultural products, and the nature of the crime was bad, and thus, the circumstances alleged by the Prosecutor for reasons of sentencing unfavorable to the Defendant in the trial are deemed to have been sufficiently taken into account when determining the punishment in the lower court. In so doing, the Defendants had no record of punishment in the lower court, and there was no specific criminal history other than the first punishment or the first fine, and the Defendants appeared to be in an attitude against the Defendant in a timely manner, i.e., the entire crime of this case was committed during about one-year leave of absence, and it appears that the Defendants were faced with an economic difficult situation, and that the Defendants were not actively demanding entertainment. In light of the fact that the judgment of the lower court is too unreasonable and that the judgment of sentencing exceeded the reasonable scope of discretion.

shall not be appointed by a person.

Therefore, prosecutor's assertion is not accepted.

3. In conclusion, since the prosecutor's appeal against the defendants is without merit, all of the appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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