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(영문) 대전고등법원 2013.09.11 2013노330
뇌물수수
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (one year and six months of imprisonment) is too unreasonable.

2. The Defendant has no criminal punishment power; the Defendant has been living in good faith while working for the Institute for not less than 20 years; since the investigative agency, the confession of the crime was made after the investigation agency; the Defendant is definitely against the Defendant by drinking alcohol, receiving money and other valuables and contact with him; and the Defendant thought that he was able to take a weak point after the bromoer’s continuous approach, and led to the leakage of control information.

However, the crime of this case committed by the Defendant, who is deemed as a public official pursuant to the laws and regulations, receives a total of KRW 25 million from broker, brokers for the leakage of control information on pseudo petroleum, and the leakage of control information shows an unstructured appearance that has been rescued by the involvement of many employees other than the Defendant. The Defendant, despite the position to prevent the distribution of pseudo petroleum, was exposed to leakage of control information in violation of his duties in a systematic manner, such as the use of pseudo petroleum monitoring information leakage brokerage brokphones received from pseudo petroleum distribution, and the illegal distribution of pseudo petroleum is very likely to have a significant impact on the daily life of the nation, and such crime is also very bad. In full view of the above, even considering the circumstances of home or individual circumstances faced by the Defendant, the sentencing of the lower court is too unreasonable.

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 since it is without merit. It is so decided as per Disposition.

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