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(영문) 대전지방법원 2015.11.19 2015노977
뇌물수수
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for one year and a fine of twenty thousand won.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than one year and two months, a suspended sentence of three years, and a fine of 20 million won) is too uneased and unreasonable.

2. Determination is reasonable in light of the following: (a) the Defendant’s mistake is deeply against his/her own mistake; (b) the Defendant is a primary offender who has no criminal record; (c) the Defendant demanded a bribeer first in order to give him/her a bribe; or (d) the Defendant did not seem to have actively committed an act in the process of selecting a company; (d) the Defendant was employed on April 23, 197 and faithfully worked as a quasi-public official for about 35 years prior to the instant crime; and (e) received a large number of commendations by residents of the community in the region where he/she was working; (e) actively performed social contribution activities for the community at the time of his/her employment as the head of E branch; and

However, although the defendant was in a position of high level of integrity corresponding to public officials as the head of the Korea Rural Community Corporation branch office, which is a government-managed enterprise, the defendant is forgotten for this part, and the social trust in the integrity and fairness of the performance of duties of public corporation officers and employees by receiving a bribe from a subcontractor of the Corporation ordered by the Korea Rural Community Corporation, and the amount of bribe received is a large amount of 20 million won. These crimes can eventually result in an unnecessary increase of the contract amount of the construction ordered by the public institution and undermining the social trust in the fairness of the performance of duties. Accordingly, there are extenuating circumstances, such as the fact that social harm is significant, that there is a high level of harm caused by the public institution's request for public interest that should lead to high-quality corruption and corruption related to the construction ordered by the public institution, and there are other unfavorable requests for public interest, such as the defendant's age, character and behavior, environment, crime, motive, means and result, and the sentencing range of recommendations based on the sentencing guidelines of the Supreme Court.

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