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(영문) 부산고등법원 2019.08.22 2019노179
수뢰후부정처사등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for a period of ten months and by a fine of six million won.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (one year of imprisonment, etc.) is too unreasonable.

2. Prior to the judgment on the Defendant’s assertion of ex officio, Article 2(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 9169, Dec. 26, 2008; hereinafter “Special Crimes Aggravated Punishment Act”) provides that “any person who commits a crime 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 amount prescribed for the crime.” The lower court erred by omitting the judgment on each of the criminal facts stated in the Defendant’s judgment, which affected the conclusion of the judgment, and thus, the lower court became unable to maintain any further.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed, and the following is again decided after pleading.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 131(1) and Article 129(1) of the Criminal Act applicable to the facts constituting an offense, the choice of punishment, and Articles 131(1) and 129(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (Concurrent imposition of fines pursuant to Article 2(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes), and Article 129(1) of the Criminal Act (Concurrent imposition of fines pursuant to Article 2(2

1. Of concurrent crimes, with respect to imprisonment under the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act, the sentence shall be the largest;

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