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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months and by a fine not exceeding twenty thousand won.
The above fine shall be imposed on the defendant.
Reasons
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (a year of imprisonment, a fine of 36,000,000 won and additional collection) is too unreasonable.
2. The crime of this case is deemed to have been accepted a bribe from an enterprise closely related to his duties without being aware of the fact that the defendant had a duty to perform his duties as a public official with integrity and fairness. The amount of the bribe received over three occasions reaches 18 million won in total. It is deemed that the crime of this case requires strict punishment as to the fairness and adequacy of official duties and the trust of the general society. However, it is deemed that the defendant is against the crime of this case, and there is no other criminal records other than the defendant who was sentenced to a fine of one million won in violation of the Road Traffic Act in 1998, and there was no other criminal records other than the defendant's confession of the crime of this case. The defendant has been faithfully serving as a public official for twenty years; the defendant's health was not good; the defendant's environment, the defendant's age, character and conduct, and circumstances before and after the crime of this case are considered to be unfair.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as that of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 129 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
2. Article 2(2)3 of the Act on the Aggravated Punishment, etc. of Specific Crimes, concurrently with a fine.