(영문) 춘천지방법원 2017.08.10 2017노555 | 리걸엔진

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(영문) 춘천지방법원 2017.08.10 2017노555

특정범죄가중처벌등에관한법률위반(알선수재)

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All appeals by the Defendants are dismissed.

Reasons

1. The summary of the reasons for appeal (Defendant B: imprisonment of April, additional collection of KRW 16,500,000, and KRW 11,600,000) is too unreasonable.

2. Determination

A. As to the assertion of Defendant B (hereinafter referred to as “Defendant” in this paragraph), the circumstances favorable to the Defendant are as follows: (a) the Defendant recognized all of the instant crimes and divided his mistake; (b) there was no record of punishment exceeding a fine; and (c) there was no criminal record of the same kind; and (d) the Defendant’s family branch and a person who contributed money wanting the Defendant’s wife.

However, the crime of this case is a situation unfavorable to the defendant, where the defendant and A contact with the company that the defendant intend to enter into a contract with the L Gun by arranging the conclusion of the contract and acquiring part of the contract price as a commission, thereby undermining the trust of the public officials of the L Gun and the residents of such organization. The crime of this case is not good, and the amount received by the defendant is not more than 16.5 million won, and the defendant uses all the above money.

In addition, considering the defendant's age, sex, environment, motive, means and consequence of the crime, various conditions of sentencing as shown in the pleading, such as the circumstances after the crime, the sentence of the court below is deemed appropriate.

Therefore, the defendant's assertion is not accepted.

B. As to the assertion of Defendant C (hereinafter referred to as “Defendant” in this paragraph), the fact that the Defendant fully acknowledged the instant crime, the fact that the Defendant returned 10.5 million won out of the amount acquired in return for the Defendant’s good offices to V, and that V expressed an intention that the Defendant does not want to be punished, the Defendant did not have the same criminal record, and that the Defendant’s wife wanted the Defendant’s wife is favorable to the Defendant.

However, the Defendant committed the instant crime.

유사 판례

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