(영문) 의정부지방법원 2015.06.16 2015노564

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(영문) 의정부지방법원 2015.06.16 2015노564

뇌물수수

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months and a fine for 6,00,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the imprisonment of eight months, the suspension of the execution of two years, the fine of two million won, the community service work, the additional collection of 120 hours, the additional collection of 6,00,000 won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. Although the Defendant was responsible for performing his duty in good faith and fair manner as a public official of South-Nam-si, the crime of this case is an unfavorable circumstance against the Defendant, such as the following: (a) the Defendant received a bribe of KRW 6 million in total in relation to his duties; (b) the Defendant received a bribe of KRW 6 million in relation to his duties; and (c) the amount received as above was given first presented by the Defendant; and (d) there is a need to strictly punish the Defendant as being significantly detrimental to the fairness, adequacy, and trust of the general society.

B. However, in full view of the following circumstances: (a) the Defendant committed the instant crime when the Defendant was in the trial; (b) there was no particular criminal record except for those sentenced to a fine of KRW 5 million due to the preparation of a false official document in around 1996; (c) the amount received by the Defendant is not very significant; (d) the Defendant was removed from office due to the instant case; and (e) the Defendant supports the mother alone; and (e) the Defendant’s age, character and conduct, environment, and the content of the instant crime, etc., which are the conditions for sentencing as indicated in the records and arguments, the lower court’s sentence is somewhat inappropriate.

C. Therefore, the above argument of the defendant is with merit, and the prosecutor's above argument is without merit.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act and the defendant's appeal is reasonable.

참조조문

-형사소송법 제364조 제6항

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