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(영문) 대구지방법원 2015.08.13 2014노2497
뇌물수수
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for up to eight months, a suspended sentence of one year, a fine of up to eight million won, and an additional collection of ten million won) of the lower court against the Defendant is too unreasonable.

2. The judgment is the circumstances favorable to the defendant that the defendant recognized each of the crimes of this case in late late and reflects the mistake, that the defendant does not seem to have actively demanded a bribe, that the defendant is the first offender, that he works in good faith for about twenty-three years, and that the defendant is subject to collection of the total amount of the accepted bribery and a fine for an amount equivalent to the amount is imposed.

On the other hand, the defendant's acceptance of a bribe in relation to his duties, thereby impairing the fairness of the execution of duties and seriously damaging the social trust in the performance of duties, and the fact that the amount of the acceptance of a bribe is not specified as KRW 10 million is disadvantageous to the defendant.

In addition, the defendant's age, character and conduct, environment, circumstances and results of the crime of this case, etc., all of the sentencing conditions in this case, and the application of the sentencing guidelines of the Supreme Court's sentencing committee [decision of type] and the result of the application of the guidelines of the Criminal Procedure Commission for bribery of Bribery of Bribery of Bribery of Type 2 (one million won or more or less or less than three million won) [the scope of recommending person] There is no basic area [the scope of recommending person] [the scope of recommending person]] : The descriptive formula of 8 months to 3 years: the court below's punishment is too unreasonable in light of the combined results of the combination of the crimes of this case.

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

However, the application of the text of the judgment below to the defendant A of "the imprisonment with prison labor for the defendant A" among "the pertinent provision of the law and the choice of the punishment for the crime of 1." is the fact that each bribe listed in the attached table 1 to 4 and the attached table 2 of the crime sight table 1 and 1.

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