The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable because the lower court did not reduce the number of self-denunciation, thereby making the sentence of imprisonment (a punishment of 5 years, a fine of 207,00,000, a penalty of 207,000,000) too unreasonable.

2. Determination

A. The Defendant did not state the cash portion in the first self-denunciation does not intend to conceal this part of the crime, but did not state the amount received accurately, and submitted an additional self-denunciation prior to the investigation of acceptance of cash, and also voluntarily surrenders this part of this part.

The argument is asserted.

A self-denunciation refers to an expression of intent to seek prosecution by voluntarily reporting the criminal facts to an investigative agency.

On January 10, 2017, the Defendant was arrested under a warrant of arrest. The criminal facts of the arrest warrant include the fact that the Defendant received 148,000,000 won in cash from M in addition to the physical card, and the Defendant was also aware of the arrest warrant after being notified of the criminal facts.

On January 11, 2017, the following day after the defendant was arrested and the investigation of the fact of acceptance of bribe was suspended, and thereafter the defendant submitted an additional number of self-denunciation that recognizes the receipt of cash.

even if the receipt and payment of cash was made.

shall not be deemed to exist.

In a case where only a part of the multiple criminal facts is voluntarily surrendered, the self-denunciation is effective for the part of the criminal facts (see Supreme Court Decision 94Do2130 delivered on October 14, 1994). However, in a case where only a part of the single criminal facts is self-denunciation, there is no way to legally reduce that part of the criminal facts.

Since the reduction or exemption of a self-denunciation under Article 52(1) of the Criminal Act belongs to the discretion of the court, it is not illegal even if a court reduces the amount of reduction under Article 53 of the Criminal Act, taking into account the circumstances into account, instead of taking the reduction of the amount pursuant to the said Act into account (see, e.g., Supreme Court Decision 84Do3042, Mar. 12, 1985). (b) The Defendant submitted a self-denunciation twice after being arrested to an investigative agency and led to the confession of the offense.