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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for eight months.
Defendant .
Reasons
1. Summary of grounds for appeal;
A. Defendant A1) misunderstanding of facts and misunderstanding of legal principles: (1) The Defendant was a person in charge of administrative civil affairs at the time of the instant case, and was not engaged in duties related to the selection of recipients of basic livelihood security; (2) In relation to Article 1-A(a) of the judgment of the court below, B first deposited KRW 500,000 into the Defendant’s wife F’s account; and (3) the Defendant did not have any intention to obtain money from B as stated in the judgment of the court below. (4) The Defendant was merely sexual intercourse as stated in Article 1-C(d) of the judgment of the court below as internal relationship with B, and did not have any sexual intercourse (which is not a sex relationship with respect to duties).
(2) The sentence of imprisonment, suspension of execution, collection of 1060,000 won) imposed by the court below on the defendant is too unreasonable on the grounds that it is not included in the concept of bribe. For the same reason, the court below erred in misunderstanding of facts or misunderstanding of legal principles.
B. Defendant B’s punishment (one year of imprisonment with prison labor for four months and one year of suspended execution) sentenced by the lower court is too unreasonable.
C. The sentence imposed by the prosecutor by the court below to Defendant A is too unhued and unreasonable.
2. Determination
A. The crime of bribery 1 of general law is the process of the performance of official duties, trust in the society, and the non-purchase of the act of official duties. It is not necessary to make a special solicitation to recognize the bribe of the received money and valuables because it does not require any solicitation or unlawful act. In addition, it is sufficient that money and valuables were received in relation to the performance of duties, there is no need to specify the act of official duties, and if a public official receives money, valuables, or other benefits from a person who is subject to his duties, the act of official's performance of duties shall not be specified.