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The judgment of the court below is reversed.
No. 1-A, B, crime No. 2, crime No. 1-2, crime No. 3,4.
Reasons
1. The summary of the grounds for appeal (as indicated in the judgment below, Nos. 1-A, B, 2-2, 3, and 4-2: Imprisonment with prison labor for 4 months, 1-C or E- crime in the judgment, 2-3 or 6-2: imprisonment for 8 months, additional collection for 49 million won) is too unreasonable.
2. On December 5, 2014, the Defendant was sentenced to a fine of KRW 8 million at the Busan District Court on the charge that received KRW 10 million in return for employment solicitation even before committing the instant crime.
Nevertheless, it is difficult to take advantage of its own position in order to benefit from illegal solicitation in relation to the employment of bus officers of the company.
In addition, even though the suspension period for perjury was in existence due to the judgment of the court below, the crimes No. 1-C or E of the judgment of the court below, and No. 3 or 6 of the crime list No. 2 of the court below are repeatedly committed, and the defendant's liability is heavy.
However, in the case of perjury and ex post concurrent crimes in which the judgment became final, the defendant has no previous conviction for more than ten months, the defendant has been detained and has an opportunity to reflect a crime while living in prison for about ten months, and the defendant has not withdrawn from the office of the president of the E Union on August 2016, and the defendant has retired from the office of the director of the E Union. At present, the defendant has retired from the office of the director of the E Union. In the case of perjury No. 1-A, B, 2, 3, and 4, the balance between perjury and ex post concurrent crimes in which the judgment becomes final, shall be taken into account; the defendant has no previous conviction for whom the sentence has been imposed; the defendant has an opportunity to reflect a crime while living in prison for about 10 months; and all other sentencing conditions in the proceedings of the court below and this court, the sentence imposed by the court below is somewhat unfair.
The defendant's argument of sentencing is justified.
3. In conclusion, the defendant's appeal is justified. Thus, the judgment of the court of first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and the pleading is made.