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(영문) 서울고등법원 2018.07.06 2018노538
부정처사후수뢰등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of reasons for appeal: The punishment sentenced by the court below to the defendant who was sentenced to the punishment unfair for sentencing (two years of imprisonment, three years of suspended sentence, fine of 30,00,000 won, and penalty of 200 hours of community service order, additional collection of 21,107,000 won) is too unreasonable.

2. The crime of this case is a case where the defendant, who is a public official in charge of determining items and quantity in relation to the purchase of forest fire fighting equipment at the F Gun Forest Service in Incheon Metropolitan City while working at the F Gun Forest Protection Team, as a public official in charge of the F Gun Forest Service in charge of determining items, the selection of suppliers, the examination of goods, etc., received as a bribe a bribe an amount of 9,907,000 won in relation to his duties from H, the actual operator of H, a corporation operating as a business of selling forest fire fighting equipment, and received a bribe of KRW 11,20,000 in total after receiving money and other improper acts, such as preparing and exercising false official documents, and then receiving a bribe of KRW 11,20,000 in total.

The lower court determined the above punishment by taking into account the following circumstances: (a) the Defendant’s unfavorable circumstances: (i) the nature of the crime is not good in that it severely undermines the fairness of the performance of duties as a public official and the trust in society; (b) the fact that the crime of bribery was committed over a long period; (c) the Defendant recognized the entire crime of this case under favorable circumstances; (d) the Defendant has no record of criminal punishment before criminal punishment; and (e) returned KRW 7.5 million to the F

The lower court’s sentencing seems to have been reasonably determined by fully taking into account the above various circumstances, and there is no change in circumstances that could be evaluated differently from the sentencing conditions of the lower court up to the trial. However, even if all of the factors of sentencing indicated in the arguments in the instant case, including the Defendant’s age, sex, environment, family relationship, motive for committing the crime, and circumstances after committing the crime, it cannot be deemed unfair since the lower court’s punishment against the Defendant is too unreasonable.

. The defendant-appellant.

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