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Reasons
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(영문) 광주지방법원 2017.02.08 2016고단5305
뇌물수수
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The punishment against the accused shall be determined by six months of imprisonment and a fine of ten million won.

The above fine shall not be paid by the defendant.

Reasons

Punishment of the crime

The Defendant was employed on July 1, 1995 by a local government-invested institution established pursuant to Article 146 of the Local Autonomy Act, Article 49 of the Local Public Enterprises Act, and Ordinance on the Establishment of Institution E (Ordinance No. 2394, Jun. 18, 1993) and served as F Headquarters G from January 1, 2015 to July 14, 2016, and is deemed as a public official in the application of the crime of bribery under Article 83 of the Local Public Enterprises Act as a person who served as H from July 15, 2016 to July 15, 2016.

On August 21, 2014, the Defendant received KRW 1 million in cash from J in relation to the duties of a person who is deemed a public official by receiving KRW 4 million in total as a bribe in relation to the duties of a person who is deemed a public official by receiving KRW 5 million in relation to the duties of a person who is deemed a public official by receiving KRW 4 million in the trade non-cafeteria located in the south area of Gwangju Mine-gu from J on July 2, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of J;

1. A copy of the book for the year 2014, or 2015;

1. A copy of personnel records card related to the work of an agency A E;

1. Application of Acts and subordinate statutes to the copies of documents related to contracts with E agencies and I;

1. Article 129 (1) of the Criminal Act applicable to the facts constituting an offense, and Article 83 of the Act of a local public enterprise (including cases);

1. Selection of alternative imprisonment with prison labor, but a fine shall be concurrently imposed pursuant to Article 2 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The latter part of Article 134 of the Criminal Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act against a fine;

1. The scope of the recommended punishment on the sentencing guidelines [the types of decisions] [the scope of the recommended punishment] and the basic area of the acceptance of bribery (less than 100 million won) [the determination of the recommended area] [the scope of the recommended punishment] 4 months to 1 year; and

2. Determination of sentence:

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