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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 의정부지방법원 2017.04.17 2016노3739
뇌물수수
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable that the sentence of the lower court (two years of suspended sentence in April, fines of 12 million won, and penalties of 6 million won in addition) is too unreasonable.

2. The fact that the judgment is against the Defendant’s depth, is the first offender, and is deemed to have performed official duties in good faith for a considerable period of time, and that the received money and valuables have been returned in full before the commencement of the investigation should be considered as favorable circumstances.

However, the crime of this case was committed by the Defendant who was in the position of demanding high level of neutrality and integrity as a public official, and was given cash amounting to KRW 6 million from public females closely related to his duties, and such amount is not so much, and thus, it is not good that the crime of this case is committed, such as the purchase of the outcome of the public official’s work and the social trust therein, which is considerably damaged.

In addition, considering the circumstances of the defendant's assertion, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, circumstances after the crime, dismissal, etc., the punishment imposed by the court below against the defendant is too unreasonable, even if considering the circumstances of the defendant's assertion, such as the fact that the defendant appears not to have provided the mineer with convenience in performing his/her duties, the fact that the mineer is not prosecuted, and that those who are not public officials, etc. want to take the front place, etc.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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