All appeals by the defendant and the prosecutor are dismissed.

Summary of Reasons for appeal

A. Defendant 1) The lower judgment’s misapprehension of the legal doctrine as to paragraph 1 of the crime of the lower judgment did not constitute the elements of the crime of delivery of a third party bribe, on the ground that the Defendant’s delivery to M does not constitute the goods to be delivered to N’s wife M, but rather the goods to be delivered to N’s wife M. The Defendant’s delivery to M does not constitute the elements of the crime of delivery of a third party bribe.

2) The lower judgment did not err by misapprehending the legal doctrine as to the facts of the crime No. 2, and by misapprehending the legal doctrine on July 25, 2013, the Defendant did not find to the K military official in order to deliver the shopping bags containing 20,000 won in cash to M.

If it is recognized that the defendant delivered 2,000 won in cash to M, M is an attempted crime of delivery of the third party bribe because M immediately returned it to the defendant, and therefore, it constitutes an attempted crime of delivery of the third party bribe. The crime of delivery of the third party bribe is not punishable because there is no provision on punishment of the non-criminal.

3) The sentence of the lower court (one hundred months of imprisonment, two years of suspended sentence, one hundred and sixty hours of community service, additional collection of KRW 21,218,00) is too unreasonable.

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

The judgment below

Criminal facts

In light of the fact that the crime of bribery is a legal interest protected by the fair performance of duties and the trust in society and the purchase of the non-performance of duties, the issue of whether a certain benefit obtained by a public official is a bribe as an unjust benefit in relation to his duties shall be determined by taking into account all the circumstances such as the duty contents of the public official in question, the relationship of a provider of benefits, whether there exists a special relationship of relationship between both parties, the difference of benefits, the details and timing of giving and receiving benefits, etc. In light of the fact that the crime of bribery is a legal interest to protect the fairness of performing duties and the public trust in the society