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(영문) 광주지방법원 2016.07.13 2016노1464
뇌물수수
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (a year and six months of imprisonment, a fine of KRW 60 million, an additional collection of KRW 64.9 million) is too unreasonable, which is the gist of the grounds for appeal.

2. A favorable situation is that the Defendant recognized his mistake and reflected in the investigation, actively cooperates in the investigation, that the Defendant did not first demand a bribe and did not seem to have carried out illegal business operations, that is, the primary offender without any previous conviction, that he faithfully worked while working for about 25 years, and that the Defendant’s family members want to take the preference against the Defendant.

On the other hand, the Defendant’s crime of this case is an unfavorable circumstance where the Defendant received KRW 64,90,000 repeatedly for about five years while taking charge of the management and supervision of new construction and maintenance and repair works, etc. conducted by electrical construction business operators, and the crime of this case is significantly impairing the public trust of the former employees deemed public officials.

In addition, in full view of the circumstances of the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the application of the sentencing guidelines by the Supreme Court sentencing committee, the lower court’s punishment is too too unreasonable, and thus, the Defendant’s allegation is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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