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(영문) 대구고등법원 2019.11.27 2019노426
부정처사후수뢰
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (one year and six months of imprisonment and fine of 40 million won) is too unreasonable.

2. The instant crime is deemed to have been accepted a bribe from B after the Defendant disclosed control information using text messages of mobile phone devices, upon receiving a request from the Defendant to be informed of the control schedule when the Defendant is serving as the director of the C Headquarters and performing the duty of control over fake transit.

The Defendant recognized the instant crime and is in profoundly against his mistake.

The Defendant did not refuse to make repeated solicitations B and seems to have caused the instant crime.

The Defendant has no record of criminal punishment before committing the instant crime.

The defendant has been working in the Institute in good faith for a period close to 20 years to receive a commendation from the Minister of Commerce, Industry and Energy, the president, etc.

However, the defendant was in a position to be deemed a public official in the crime of bribery under the law, and even in an important position that requires high integrity in light of his duties and positions, he received a bribe by violating the assigned duties on several occasions.

There are many amounts and frequency of the bribe received by the defendant.

Due to the defendant's crime, the reputation of the Institute has been significantly deteriorated, and the overall society on fairness in the control of fake transit has deteriorated.

Since the gas station whose control information has been leaked due to the Defendant's crime can be sold easily through fake, it causes substantial damage to ordinary consumers to purchase it.

In full view of these circumstances, the defendant's liability for the crime is not against the law.

In addition to these circumstances, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime are revealed in the arguments.

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