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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,500,000.
The above fine shall not be paid by the defendant.
Reasons
1. The sentence of the lower court (the imprisonment of six months, the suspension of the execution of two years, the community service order 120 hours, the fine of 5 million won, the additional collection of 2.2 million won) is too unreasonable.
2. The instant crime is that the Defendant, an elementary school teacher, has lent the form of private school funeral service from his parents for five years and received money and valuables worth KRW 2.750,000 in total on six occasions.
In our society where a person has traditionally respected a person as a human being, such as his/her parents, it cannot be denied that there was a social climate that allows parents to give and receive so-called “ village”, which is a small gift that contains an intent to indicate respect or audit of teachers.
However, in recent years, there is a misunderstanding concept that some of the parents who paid money and valuables to the teachers to receive more treatment than other children, and if the children do not know about the past and the degree of relationship, there is a concern about the disadvantage and reverse discrimination in school life, and the degree of the village where some of the teachers take advantage of it and receive money and valuables from the education site in the education site is growing in that it goes out of the meaning of the principal year, and the amount of money and valuables received from the education site is growing. The public offering of money and valuables in this education site makes it difficult for parents to participate in a sound school, and it causes a lot of side effects such as the relative deprivation and converging to the teachers who refuse to participate in the school, who are not under economic circumstances, and who are given silently in the school, and therefore, teaching at least in the education site after taking responsibility for the future, has made efforts to eradicate the amount of money and valuables exceeded the society's irregularities, and has made efforts to eradicate it even in the education site, and has made efforts to eradicate it for a long time.