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(영문) 서울고등법원 2019.10.30 2019노1585
뇌물공여
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s imprisonment (four months of imprisonment) against the Defendant is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The determination of sentencing is based on the statutory penalty, with a discretionary determination that takes place within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act, based on which our Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area of the first instance trial regarding the

In addition to these circumstances and the ex post facto nature of the appellate court, if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The Defendant recognized all of the instant crimes and divided his/her mistake.

As to each of the crimes of this case, it is necessary to sentence punishment in consideration of the equity in the case where the crimes of this case are to be judged simultaneously with each of the crimes under the criminal records of the judgment below

These points are favorable to the defendant.

However, the Defendant, while importing and delivering the Gu name to be directly produced in China, supplied military goods by unlawful means, received various conveniences related to quality inspection from Gun-related persons, who are in charge of quality inspection of supplied goods, and offered B a bribe exceeding KRW 30 million for a long time. The nature of the crime and the circumstances are not good.

These points are disadvantageous to the defendant.

Defendant

In addition, all of the sentencing circumstances asserted by the prosecutor as grounds for appeal are considered to have been considered by the court below while determining the sentence against the defendant.

The above circumstances and the defendant's age, character and conduct, family environment, and crime.

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