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(영문) 광주고등법원 2017.06.29 2017노130
뇌물수수
Text

The judgment of the court below is reversed.

The sentence against the accused shall be determined by one year and six months, and a fine of twenty-five thousand won.

Reasons

1. The Defendant’s argument that the sentencing of both parties is unfair is unfair in the course of performing duties as a customs officer, and received a bribe from a person in a business relationship, thereby infringing the trust of the society in the fairness of customs duties. The fact that the Defendant obtained unjust personal benefits through this is disadvantageous to the Defendant.

However, the fact that the defendant recognized all facts charged for the first time in this court, the fact that the defendant deposited 10,872,302 won, which is the amount equivalent to the bribe received from H, a corporation, as a trustor, and the fact that the court below deposited money in excess of the surcharge imposed by the court below pursuant to Article 45 of the Special Act on the Confiscation of Public Officials Crimes, is favorable to the defendant.

In full view of these circumstances, taking into account the following factors: the Defendant’s age, environment, sexual conduct, motive and means of the crime, and circumstances after the crime, etc., the sentencing of the lower court (as to imprisonment of three years, fine of 25 million won, penalty of 10,872, 302 won, penalty of 10,000 won, penalty of 10,000 won, and penalty of 10,000 won) is too unreasonable compared to the Defendant’s liability even if the lower court’s multiple sentencing factors are considered to be disadvantageous to the Defendant among the various sentencing factors.

The grounds for appeal by the defendant are with merit, and the prosecutor's ground for appeal that the sentencing of the original judgment is too unjustifiable and unfair is not accepted.

2. The Defendant’s ground of appeal is with merit.

The judgment of the court below is reversed, and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by the court below is identical to the corresponding column of the judgment below, except for the alteration of “the defendant’s partial statement” to “the defendant’s statement in this court” among the 3 pages of the judgment below as “the summary of evidence.”

Criminal Procedure Act.

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