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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the various sentencing conditions in the instant case, the sentence imposed by the lower court (a fine of KRW 25 million, KRW 10 million, and KRW 10 million) is too unreasonable.
B. In light of the various sentencing conditions in the instant case by the Prosecutor, the above sentence imposed by the lower court is too uneasible and unfair.
2. Examining the various sentencing conditions in the instant case, the sentencing factors that are disadvantageous to the Defendant are the factors of sentencing. The crime of this case is likely to be criticized in that the Defendant received an illegal solicitation to recommend the Defendant to be employed as a member by abusing the fact that the Defendant was the head of the branch of the Busan Port Trade Union D branch, who is in charge of workplace, management of union members, recommendation of new union members, etc., and received a total of KRW 10 million in return for such illegal solicitation. Even though there are many cases of criminal punishment of labor union executives, etc. due to employment corruption of the Busan Port Trade Union, even though there are many cases of criminal punishment, it is highly likely that the crime of this case committed an illegal act
On the other hand, the sentencing factors favorable to the defendant include the fact that the defendant led to the crime of this case and reflects the depth thereof, the fact that there is no record of criminal punishment except the punishment sentenced twice due to the violation of the Road Traffic Act, and the defendant did not demand the money first, and that the amount received was returned to F.
In full view of the aforementioned factors of sentencing and other factors of sentencing, which are unfavorable or favorable to the defendant, as well as the motive and consequence of the crime of this case, the circumstances after the crime, the age, character and conduct, environment, and family relationship of the defendant, etc., the punishment of a fine of KRW 25 million, which the court below sentenced against the defendant, is recognized to be within the proper scope of punishment according to the criminal liability of the defendant, and it is not recognized that it is too heavy or unreasonable.
Therefore, the defendant and the prosecutor who dispute each unfair sentencing.