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(영문) 광주고등법원 (제주) 2015.07.15 2015노48
특정범죄가중처벌등에관한법률위반(알선수재)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the court below (the additional collection of 2 years of imprisonment, 225,00,000 won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Circumstances favorable to the defendant, such as that the defendant deposit the amount of additional collection, etc.

On the other hand, the crime of this case itself seriously damages the fairness in the performance of duties of public officials and the confidence in the general society. However, there are circumstances unfavorable to the defendant, such as the fact that the sum of money and valuables received by the defendant exceeds KRW 200 million and some of the money and valuables are remitted to another person's account, etc. The defendant was in a position to exercise considerable influence on public officials under his jurisdiction as a member of the Jeju Special Self-Governing Province Council at the time of the crime of this case, and that some of the subsidies are considered to have been actually paid.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, health status, family relation, criminal record, motive and background of the crime, method and consequence of the crime, and circumstances before and after the crime, it is not deemed that the lower court’s punishment is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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