The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The sentencing of the lower court (the sentencing of eight months of imprisonment, additional collection of KRW 6810,00) is too unreasonable.

2. Determination

A. The instant crime is likely to prevent the Defendant from being detained in the course of investigation conducted by F despite his previous convictions of the same kind.

In other words, 7 million won has been provided with entertainment equivalent to 1.3 million won upon receiving a total of 7 million won under the pretext of solicitation, and these crimes may result in damage to the integrity of the duties of investigation agencies and courts, in particular, and the trust of the people.

B. Meanwhile, there are extenuating circumstances, such as the fact that the Defendant led to the confession of the crime, the fact that the given money was returned to F, the support of the wife and three children who are students, and the fact that the health status of his father and children who are elementary school students is not good.

In addition, considering all of the sentencing conditions indicated in the instant case, such as Defendant’s age, living environment, details and result of the crime, and circumstances after the crime, the sentence of the lower court is unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered after pleading.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act concerning the facts constituting an offense and Article 111 (1) of the Act ( comprehensively including, but not limited to, the choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the above-mentioned normal consideration);

1. The late text of Article 116 of the Act;