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(영문) 부산지방법원 2006.3.24.선고 2005고합547 판결
뇌물수수
Cases

205, 547 Acceptance of bribe

Defendant

(0000-000000), Elementary School Teachers

Residence omitted

Permanent address omitted

Defense Counsel

Attorney ○○○

Imposition of Judgment

March 24, 2006

Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive;

3. Two copies (No. 1 of the total list of seized articles) of a cashier's check issued by the National Bank that has been seized: 4. 1,592,00 won shall be collected from the accused;

Reasons

Facts of crime

Since being appointed as an elementary school teacher on February 1, 1982, the Defendant continued to serve as an elementary school teacher on March 1, 2002, and was issued at the S elementary school located in Busan on March 1, 2005, and was in charge of the first and third classes of the above elementary school from March 1, 2005. On March 12, 2005, at the first and third classes of the above elementary school at around March 12, 2005, the Defendant’s phrase that “whether parents have well living in the school depends on how much parents would well live in the school in the future.” The Defendant received 200,000 won from a public official’s mother ○○○○, a student of the above half-mentioned half-mentioned, with a request to ○○, and received 200,000 won from around June 10, 2005, and received 17,7170,000 won and the market value of the above school as a bribe.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Each statement written by the police on the ○○, Ma○, Ma○, Ma○○, Ma○○, Ma○○, Ma○○, Ma○, and Gab○○;

Application of Statutes

1. Article applicable to criminal facts;

Article 129 (1) of each Criminal Code (Provided, That each of the following points is included in the list of crimes Nos. 1 through 3 in the attached list of crimes in the judgment, 4 or 6 in the attached list of crimes in the judgment, 7 or 8 in the attached list of crimes in the judgment, 9 or 10 in the attached list of crimes in the judgment, and 11 or 14 in the attached list of crimes in the judgment, respectively.)

1. Aggravation for concurrent crimes;

Articles 37 (former part of Article 37, Article 38 (1) 2, and 50 (Attachment Table 11 to 14 attached to the Judgment of the most severe court for a crime) of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Confiscation;

Article 134 (former part) of the Criminal Act

1. Additional collection:

Article 134 of the Criminal Act

Although the Defendant has been serving as a teacher for a long time, it is not appropriate to sentence a punishment in consideration of the fact that there is no punishment or disciplinary action due to corruption, etc., the amount of the accepted bribery is relatively small, and the parents of students who have given the bribe do not want the punishment of the Defendant and are against the Defendant’s depth. Meanwhile, a bribe is not imposed against parents who actively take charge of the Defendant’s self-education.

In light of the fact that the defendant's continuing to serve as a teacher in the future is not appropriate, it is determined that it is also inappropriate to have the defendant hold the office as a teacher in the future.

Judges

Judges Maximum Judge of the presiding judge

Judges or higher-ranking

The full completion of judges;

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