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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
However, the period of three years from the date this judgment becomes final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. The sentence (unfair sentencing) imposed by the lower court (two years of imprisonment) is too unreasonable.
B. The sentence sentenced by the prosecutor (two years of imprisonment) is too unfluent and unfair.
2. The Defendant’s crime of this case is an unfavorable circumstance to the Defendant, in light of the following: (a) providing the food materials to be used for the school meal service; (b) taking unfair profits by claiming for the payment; (c) providing money and valuables to the dietitians of the school in response to unlawful solicitation; and (d) doing so by making duplicate bids; (b) doing so, the quality of the crime is bad; (c) such crime is likely to seriously undermine the students’ health and the soundness of the school meal service system; and (d) the total amount of the food materials illegally acquired by the Defendant exceeds KRW 20 million.
However, the defendant only has the record of being sentenced to a fine due to the violation of the Road Traffic Act, but has no criminal record of the same type or imprisonment or heavier, and the defendant has taken the attitude of reflecting the depth of detained for not less than eight months in the course of confession of all crimes from the court below. Although the defendant acquired illegal profits and made illegal solicitation, he has endeavored to recover damage, such as supplying less food materials or not supplying low-quality or inferior food materials, paying the total victims of the food materials acquired, etc., and he has given money and valuables to dietitians for a considerable period of time, but it seems that the defendant was not actively offered money and valuables, and all dietitians who received money and valuables in return for solicitation are sentenced to a suspended sentence in the court below.
In addition to the above circumstances, the Defendant’s age, sexual conduct, the details and motive of the crime, and the circumstances after the crime.