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(영문) 대구고등법원 2015.07.09 2015노184
뇌물수수등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the lower court’s punishment (the imprisonment of two years and six months and the fine of forty million won, the additional collection of KRW 75 million) is too unreasonable.

2. The Defendant was given a bribe of KRW 75 million in total in relation to his duties while serving as a staff member (F) of the Daegu Northern District Headquarters of the Korea Land and Housing Corporation, a public institution.

The crime of this accused is a crime that seriously infringes on the fairness of execution of duties and the trust in society, and the quality of the crime is very poor.

There are circumstances such as the fact that the defendant is not a public official within the original meaning, but an officer or employee of a public corporation deemed as a public official in the crime of bribery, the defendant is not actively demanded a bribe, and the defendant is not a person who has no record of criminal punishment except for the crime of violation of the Road Traffic Act once prior to the crime of this case, and is seriously against his own mistake. However, in full view of the size of the bribery amount as above, the equity in the punishment for the crime similar to the crime of this case, as well as other circumstances, such as the defendant’s age, character and conduct, character, environment, motive, means and consequence of the crime of this case, etc., the sentence of the court below is determined to be within the appropriate range of punishment corresponding to his responsibility, and it cannot be deemed unfair because the punishment is too unreasonable.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal 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.

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