beta
Text
The judgment below
The penalty collection portion shall be reversed.
12,246,00 won shall be additionally collected from the defendant.
The judgment below
(2).
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (one hundred and twenty years of imprisonment (two years of suspended execution) and one hundred and twenty hours of community service, additional collection of KRW 14,00,000) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. In a case where there is no change in the conditions of sentencing compared to the first instance court’s determination on the grounds for appeal, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the conditions of sentencing compared to the lower court’s judgment as the materials for new sentencing have not been submitted in the trial, on the grounds that there is no change in the conditions of sentencing compared to the lower court’s judgment, and in full view of the factors revealed in the pleadings of the instant case, the lower court’s sentencing was too somewhat somewhat somewhat somewhat
It does not appear.
3. We examine the part of the judgment of the court below ex officio.
A. The purpose of the relevant legal doctrine is to deprive a criminal or a third party of money, valuables, entertainment, or other benefits, and prevent them from possessing unlawful profits. Thus, in a case where part of the money and valuables received under the pretext of soliciting or arranging by a public official is offered as a bribe to a relevant public official in connection with solicitation or delivered as a solicitation to another intermediary in accordance with the purport of actually receiving money and valuables, the benefit of the part is not substantially attributable to the defendant, and only the remaining money and valuables except for the part shall be confiscated or collected additionally (see Supreme Court Decision 2015Do8537, Aug. 19, 2015). (b) In a case where the court below duly adopted the facts of recognition and recognized the following facts based on the evidence duly examined by the court below.
1) The Defendant on June 2, 2017.