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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s punishment (a fine of KRW 10 million, additional collection of KRW 36.5 million) against the Defendant is too unreasonable.
B. The lower court’s sentence against the Defendant by the Prosecutor is too uncomfortable.
2. The crime of this case is committed to receive KRW 36.5 million and receive KRW 200 million under the pretext of soliciting a person who is deemed a public official to raise the appraised value. The crime of this case is not good in light of the law and content of the crime. The crime of this case is committed under the unfavorable circumstances, such as the fact that the fairness of land compensation work is considerably damaged and requires strict punishment as a policy, and the defendant is admitting all the crime of this case, and his mistake is divided in depth. The defendant returns the money received by the defendant to K; the defendant has no record of criminal punishment; K desires to take a preference against the defendant; the defendant is currently active activities in good faith; the defendant's age, character and behavior, living environment, the means and result of each crime of this case; and the records and arguments of this case, such as the records and arguments after the crime of this case are considered to be unfair or unreasonable.
3. In conclusion, since each appeal filed by the defendant and the prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.
(However, in accordance with Article 25 of the Rules on Criminal Procedure, Article 70(1) and Article 69(2) of the Criminal Act in Chapter 3 of the decision of the court below shall be amended to Article 70 and Article 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).