The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for two years.

34. 34.

1. The summary of the reasons for appeal (two years of imprisonment and additional collection) by the lower court is too unreasonable;

2. Article 2(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes for the Ex officio Determination (hereinafter “Special Crimes Act”) provides that a person who commits an offense prescribed in Article 129, 130, or 132 of the Criminal Act shall be concurrently punished by a fine of not less than double but not more than five times the amount of the accepted bribery in relation to the relevant offense.

However, the court below acknowledged that the defendant committed a crime under Article 129 (1) of the Criminal Act while omitted the concurrent imposition of fines under Article 2 (2) of the Aggravated Punishment Act in determining the defendant's punishment. Thus, the court below erred by misapprehending the legal principles on the necessary concurrent imposition of fines.

Therefore, the part of the judgment of the court below against the defendant is no longer maintained.

3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's allegation of unfair sentencing, on the ground that the part against the defendant in the judgment of the court below is based on the above reasons for reversal of authority.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 129(1) of the Criminal Act regarding criminal facts, the choice of punishment (the original trial, although the defendant was omitted from the concurrent imposition of a necessary fine against him/her, shall not be concurrently punished by a fine in the trial in accordance with the principle of prohibition of disadvantageous alteration in the case of which only the defendant appealed);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under the latter part of Article 134 of the Criminal Act; and

1. Scope of recommendations on the sentencing criteria (decision of type): The scope of bribery shall be type 3.