The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Legal doctrine misunderstandings the local council’s election of the chairman does not fall under the authority of the local council members as prescribed by the Local Autonomy Act. Therefore, the Defendant’s delivery of cash to the members of the Dong Fee E for supporting the election in the election of the chairman is not recognized as related to the duties of bribery.

B. The punishment sentenced by the lower court (one hundred months of imprisonment, two years of suspended execution, and three million won of additional collection) is too unreasonable.

2. Determination

A. In relation to the crime of acceptance of a bribe, duties are deemed to refer to all duties that a public official handles in his position and includes not only the duties belonging to his authority but also those closely related to such duties (see Supreme Court Decision 82Do1549, Nov. 23, 1982; Supreme Court Decision 82Do1549, May 14, 1985; 83Do2050, etc.). In light of the fact that the crime of acceptance of a bribe is the process of performance of duties and the trust of the society as legal interests and interests of the public official to receive benefits, the issue of whether a public official is suspected of the fairness in the performance of duties from the society is one of the criteria for determining whether the public official receives such benefits and thereby becomes a member of the local council, and thus, it constitutes a member of the local council to be elected by the chairman of the local council from among the members of the local council and the chairman of the local council from among the members of the local council who were elected by a majority of the members of the local council.

Since the defendant has given a bribe in relation to the duties of member E of the Daegu Metropolitan City City Council.