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전주지방법원 2017.03.17 2017노44

The defendant's appeal is dismissed.


1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an imprisonment of one year, a fine of 30 million won, and an additional collection) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant recognized the instant crime; (b) there was no past history of criminal punishment or criminal punishment heavier than that of a fine; and (c) the Defendant’s family members and prisons wishing to have the Defendant’s prior to committing the instant crime.

On the other hand, the crime of this case is a situation unfavorable to the defendant, such as the fact that the defendant received a bribe of KRW 15 million in relation to his duties under the name of selecting a government-funded material supplier, etc., and that the amount of the bribe given by the defendant is relatively large. Such crime of bribery is a need for strict punishment as it damages the public trust in relation to the integrity of the public official and the purchase of the duties performed by the public official.

In full view of the above circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too unreasonable as it is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.