(영문) 부산고등법원 2015.01.22 2014노739 | 리걸엔진

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(영문) 부산고등법원 2015.01.22 2014노739

특정범죄가중처벌등에관한법률위반(알선수재)

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

The seized District Prosecutors' Office of Ulsan District Prosecutors' Office in 2014.

Reasons

1. The sentence imposed by the lower court (such as imprisonment for a term of two years, additional collection of 60 million won, etc.) is too unreasonable.

2. The crime of this case is committed by the Defendant, who is a private village in the present K of Ulsan Metropolitan City, using such relations or the above, to arrange matters belonging to the duties of public officials to supply materials and construction companies related to the construction of new facilities of middle and high schools under the jurisdiction of the Office of Education, and to receive KRW 130 million from the above companies in return for the promise to receive KRW 80 million from the above companies. In addition, the crime of this case is serious, and the risk of the defective construction has increased due to the Defendant’s spending of unnecessary expenses to the school buildings, etc., and the risk therefrom has a great possibility of criticism against the Defendant’s crime of this case is disadvantageous to the Defendant.

However, there are many favorable circumstances that are favorable to the defendant, such as the fact that the defendant is divided into a truth-finding, that 20 million won was already seized among the funds received in this case, that the defendant contributed to social welfare organizations, etc. and did not have any profit that the defendant has obtained unlawfully in this case at present; that the defendant paid the full amount of the surcharge imposed on the defendant after the decision of the court below was made; that the defendant has no past record of criminal punishment; that the defendant is a first offender who has no social relation; that is, the social relation is obvious; that his family members and son want to leave the defendant's preference.

As above, in full view of all the sentencing conditions, including the defendant's age, family relation, character and conduct, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, the sentence imposed by the court below is somewhat unreasonable.

Therefore, the defendant's above assertion is justified.

3. Conclusion, the defendant's appeal is accepted.

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