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(영문) 서울고등법원 2017.08.31 2017노1651
뇌물공여
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal by the defendant: The punishment sentenced by the court below (one year of imprisonment and confiscation) which is unfair in sentencing is too unreasonable.

2. Determination

A. The sentencing is based on the statutory penalty, and the discretionary determination is made within a reasonable and reasonable scope, taking into account the factors constituting the conditions for sentencing as prescribed in Article 51 of the Criminal Act.

However, considering the unique area of sentencing of sentencing of the first instance that is respected under the principle of trial priority and the principle of direct jurisdiction taken by our criminal litigation law and the nature of the ex post facto review of the appellate court, the sentencing of sentencing of the first instance was exceeded the reasonable scope of discretion when comprehensively taking into account the factors and guidelines for sentencing specified in the first instance sentencing trial process.

In light of the records newly discovered in the course of the appellate court’s sentencing hearing, it is reasonable to file an unfair judgment of the first instance court, only in cases where it is deemed unfair to maintain the sentencing of the first instance court as it is for the court to judge the sentencing of the first instance court.

In the absence of such exceptional circumstances, it is desirable to respect the first instance sentencing determination (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). (b) The instant crime was committed in collusion with B, who is the husband, by the Defendant.

T provide T with a total of 1,8260,00 won and money and valuables equivalent to a total of 1,8260,000 won, and provide money and valuables equivalent to a total of 3,1230,000 won on six occasions, and have been AJ

AH provides a total amount of money equivalent to KRW 10,345,000 over four occasions.

Although there was a aspect that the defendant believed that he would give a bribe to T, he would be able to meet the attitude of T. However, he displayed various business convenience, preference, and gambling received from T and AH, and had been actively expected to provide money and valuables in the future, and the act of giving money and valuables to T and AH, etc.

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