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대구지방법원 2017.09.21 2017노3001

The defendant's appeal is dismissed.


1. The decision of the court below on the gist of the reasons for appeal (one year of imprisonment) is too unreasonable.

2. The judgment below rendered the above sentence in consideration of the following favorable circumstances: although the defendant is in a position that requires high morality and integrity as a valuable local journalist, it is highly likely that he will receive money under the pretext of the public official in charge of exemption from military service, such as L, etc., or solicitation related to the placement of military units; the defendant first actively demanded money; and the defendant does not return the money received; the defendant is in the absence of return; the defendant's confessions all of each of the of the of the crimes of this case; the defendant does not seem to have any influence on the exemption from military service or the placement of military units, such as L, etc. by solicitation to the relevant public officials; the defendant does not have any history of punishment other than a single type of fine; the defendant has no record of punishment other than a single type of fine; and the defendant's health appears to be good.

In addition to the circumstances considered by the court below, it shall be considered in favor of the fact that K was not punished against the defendant in the first instance.

In full view of the Defendant’s age, sex, environment, health, circumstances leading to the commission of a crime, means and result, scale of a crime and circumstances after a crime, etc., which can be known through records and pleadings, the sentence sentenced by the lower court appears to be reasonable, and the lower court’s judgment of sentencing exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to deem that the sentence imposed by the lower court is unfair because it is too unreasonable as the Defendant alleged.

3. Thus, the defendant's appeal is without merit.