(영문) 부산고등법원 2015.10.15 2015노494 | 리걸엔진

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(영문) 부산고등법원 2015.10.15 2015노494

뇌물공여

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All appeals filed by the Defendants and the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the various sentencing conditions of the Defendants in the instant case, each sentence (in the case of Defendants A: three years of probation, five years of probation, three years of probation, three years of probation in the case of Defendant B: imprisonment with prison labor, three years of probation, and 200 hours of community service) that the lower court sentenced the Defendants are too unreasonable.

B. In light of the various sentencing conditions in the instant case by the Prosecutor, each of the above punishments imposed by the lower court on the Defendants is too uneasible and unfair.

2. Examining the various sentencing conditions in this case, the crime of this case is committed against the Defendants, in light of the motive and circumstance of the crime, the number of bribe amount granted, etc., and the fact that the Defendants, who wish to be awarded a contract at a price lower than the market price of the land of the I Tourist Complex, were provided information on bidding within the Busan Urban Corporation, which is deemed a public official, provided KRW 100 million in return for the crime. The crime of this case is committed against the Defendants. The fact that the public confidence in the fairness and the influence of the execution of duties by the officers and employees of the Busan Urban Corporation, who are deemed public officials, is seriously damaged.

On the other hand, while the defendants led to the confession of the crime of this case, the defendants shows their mistake, the information provided by N in the successful bid of the site seems not to play a critical role, and N is deemed to be a public official under the laws and regulations, and thus, the crime of this case is different from the crime of bribery against public officials, the degree of participation in the crime of this case is relatively minor compared to the defendant A, and the defendant A is the first criminal, and the defendant B is also the first criminal, and the defendant B has no record of criminal punishment other than the criminal record.

As above, the lower court is either disadvantageous or favorable sentencing factors to the Defendants.

유사 판례

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