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(영문) 서울고등법원 2017.01.20 2016노3153
특정범죄가중처벌등에관한법률위반(뇌물)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the reasons for appeal (unfair sentencing) of the lower court’s punishment (in the event of Defendant A: imprisonment of 4 years, additional collection of 75 million won, Defendant B: imprisonment of 2 years and 6 months, additional collection of 30 million won) is too unreasonable.

2. Determination

A. Defendant A has no record of criminal punishment; Defendant A has committed the instant crime from an investigative agency to this court; Defendant reflects his depth by recognizing all the instant crimes; Defendant is in a quasi-public official position deemed as a public official only in the application of bribery; there is no evidence to deem that Defendant performed his/her duties unlawfully; Defendant has family members to support the Defendant; Defendant’s workplace fees are wanting to take the Defendant’s preference.

However, the crime of this case is extremely poor that the defendant received a large amount of bribe exceeding KRW 75 million in return for the provision of convenience, such as that the head of the division in charge of the material planning team price investigation of the G Public Corporation Logistics Management Team can increase the unit price in the process of concluding the unit price contract with H cooperatives (hereinafter “the association of this case”). The defendant actively demanded a bribe in the process, and the fact that the defendant actively demanded a bribe in the process, and that the social trust on the fairness and the purchase of the work performed by the G Public Corporation employees deemed public officials is considerably unfavorable.

On the other hand, if there is no change in the conditions of sentencing compared to the first instance court, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

Therefore, the Supreme Court Decision 2015Do3260 Decided July 23, 2015 (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). All of the sentencing conditions shown in the argument in this case, including the defendant's age, sex, environment, motive and circumstance of the crime, means and result of the crime, and the circumstances after the crime, and the Supreme Court Sentencing Committee applicable to this case.

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