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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 2015, the Defendant is the Vice-Chairperson of the Construction Division of the G Party Central Committee within the coffee shop where it is impossible to ascertain the trade name near the exit No. 10 in Seocho-gu Seoul, Seocho-gu, Seoul. And the Defendant was F ( South, 75 years old) that the Defendant suffered assault from E, and the above F was the Vice-Chairperson of the Construction Division of the G Party Central Committee.
In considering the degree of injury suffered by N, E is a detention.
The Republic of Korea declared that the head of Incheon District Prosecutors' Office, Seoul District Prosecutors' Office, Seoul District Prosecutors' Office, etc. are well-known, and that the Republic of Korea filed a complaint by N. E, and that the Republic of Korea shall be bound upon the complaint by D.
On November 4, 2015, the Defendant called F at a place where it is unknown to the public prosecutor’s office, and called “In order to request the custody of the high-class person E by the public prosecutor’s office, entertainment expenses need to be paid, and five million won should be deposited into the passbook.” On the same day, the Defendant received five million won from F via the bank account (H) in the name of the Defendant.
Accordingly, the defendant received money and valuables under the pretext of soliciting or arranging the case or affairs handled by the public official.
Summary of Evidence
1. The defendant's legal statement (the date of the second public trial shall be the date);
1. Statement made by the police with regard to F;
1. Account details;
1. Application of Acts and subordinate statutes to each letter photograph;
1. Relevant legal provisions concerning facts constituting an offense, Article 111 (1) of the Act, and the choice of imprisonment and punishment as an attorney-at-law;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The community service order under Article 62-2 of the Criminal Act;
1. Reasons for sentencing under Article 116 of the Act [the scope of recommending punishment] The basic area (4 to 10 months) of the Act (the decision of sentencing) No. 1 type (4 to 30 million won) (the decision of sentencing) shall be prescribed as the order, taking into account the following factors: (a) although the nature of the crime is not less than that of a serious crime that impairs public trust with respect to the duties to be handled by the public officials of this case, the fact that the defendant is against himself; (b) there is no criminal record exceeding the fine; (c) the circumstances and details of the crime; and (d) the relationship between the defendant and the victim, etc.