The judgment below

The part concerning the defendant shall be reversed.

Defendant shall be punished by imprisonment of one year and two months, and fine of twenty thousand won.

1. The gist of the grounds for appeal is that the lower court’s punishment (limited to imprisonment for a period of one year and six months, a fine of twenty million won, and an additional collection) is too unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

The crime of this case was committed by the defendant as the head of the Suhyup Cooperative, and received a bribe for a long time, and it is not good that the defendant demanded a bribe through his subordinate staff.

At the time of investigation and trial of the first instance court, Co-defendant B was responsible for the crime and denied the crime.

On the other hand, the following conditions are favorable.

When the defendant is in a trial, all of the crimes are recognized, and he is divided.

There is no record of punishment for the same crime.

There is no good health for the defendant to receive transplant surgery.

The money received later was returned to B or Q.

After the judgment of the first instance is sentenced, all of the additional charges imposed have been paid.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, etc., the lower court’s punishment is somewhat inappropriate, and thus, the Defendant’s assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the criminal facts and evidence against the defendant recognized by this court is identical to the corresponding column of the judgment of the court below, except where "1. A's partial statement of Defendant A's court is deemed "1. The defendant's court testimony" in the summary of the evidence of the court below, and thus, it is also accepted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 4 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.