(영문) 광주지방법원 2019.06.25 2018노3798 | 리걸엔진

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Reasons

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(영문) 광주지방법원 2019.06.25 2018노3798

뇌물수수

Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendants’ punishment (i.e., suspension of qualification for Defendant A: fine of one year; fine of five thousand won; penalty of one year; penalty of one year; penalty of one year; penalty of imprisonment for Defendant B; penalty of six months; suspended execution; penalty of two years; penalty of two years; penalty of one year; and penalty of two years; and penalty of Defendant C: fine of ten thousand won;00 won) are too unreasonable.

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

2. The Defendants’ crime of this case constitutes a crime that seriously damages the general public’s trust in relation to the fairness and integrity of the execution of duties, and the impossibility of performing duties. Therefore, the Defendants’ liability cannot be said to be somewhat less than that of the Defendants.

However, Defendant A cannot be seen as having first actively demanded a bribe, and the cash provided by Defendant B is not received, and there is no benefit from the crime of this case, and it does not seem to have been unfairly handled in relation to the bribe.

Defendant

In the case of C, even after completion of construction work at the time, there was an imminent business situation due to massive construction cost, and Defendant B was involved in the instant crime in order to assist Defendant C, who was known to the general public, and there is no part to be considered in the circumstances leading up to the instant crime.

In the past, the defendants recognized all the facts charged in this case and are against the law, and there is no criminal power exceeding the same criminal power or fine, and it also constitutes an element of sentencing favorable to the defendants.

In addition, considering the Defendants’ age, character and conduct, criminal records, motive and circumstances leading to the instant crime, and circumstances after the instant crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and is not deemed unreasonable because it is too heavy or unreasonable.

3. Conclusion, the Defendants and the Prosecutor’s appeal is groundless, and thus, pursuant to Article 364(4) of the Criminal Procedure Act.

참조조문

-형사소송법 제364조 제4항

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