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(영문) 광주고등법원 (전주) 2014.02.11 2013노283
특정범죄가중처벌등에관한법률위반(뇌물)
Text

The judgment below

Of them, the part against Defendant C shall be reversed.

Defendant

C shall be punished by fine for negligence of KRW 7,000,000.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. Defendant B and C (unfair sentencing)’s sentence sentenced to Defendant B and C (Defendant B: 1 year of suspended sentence on October, and 1 year of suspended sentence on June: 1 year of suspended sentence) is too unreasonable.

B. In light of various sentencing conditions (unfair sentencing on Defendant A), the lower court’s sentence against the said Defendant A (three years of imprisonment and four years of suspended execution, etc.) is too unreasonable.

2. Determination

A. As to the Defendant’s assertion of unfair sentencing in Defendant B’s assertion of unfair sentencing, the Defendant appears to have granted a bribe to A for the purpose of receiving convenience in receiving progress payment, etc., and the Defendant does not seem to have given a bribe for the purpose of receiving false or defective supervision. However, there are circumstances such as the Defendant’s primary offender without criminal records. On the other hand, the instant crime was offered a bribe of KRW 30 million in collusion with the Defendant to a supervisor who is deemed a public official in relation to the delivery of surplus of H Co., Ltd. (hereinafter “instant company”), and the Defendant offered a bribe of KRW 30 million to a supervisor who is deemed a public official in collusion with the Defendant in relation to the Defendant’s delivery of surplus of the Defendant Company H (hereinafter “instant company”). In light of the details and amount of the instant crime, it is difficult to say that the liability for the crime was less unfavorable in light of the circumstances of the crime and amount of the bribe granted, and in light of all the sentencing conditions in the instant case, the Defendant’s age, character and nature, motive and means and consequence of the crime, etc.

B. As to the Defendant C’s assertion of unreasonable sentencing, the instant crime committed in collusion with B by the Defendant, who is a supervisor deemed as a public official in relation to the delivery of the surplus of the instant company, shall be a bribe of KRW 30 million.

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