The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment with prison labor for a year and a fine of twenty million won.

1. Summary of grounds for appeal;

A. Under the Enforcement Decree of the Construction Technology Management Act, the members of the design deliberation subcommittee (hereinafter “design deliberation subcommittee”) under the Local Construction Technology Deliberation Committee (hereinafter “Local Committee”) shall be appointed or commissioned from among the members of the Local Committee. Since the Defendant was immediately commissioned as the design deliberation subcommittee without being appointed or commissioned as the members of the Local Committee, the commission itself is invalid due to a significant and obvious defect in the process.

Therefore, even if the defendant received money in relation to the bid for the total treatment facilities, the acceptance of bribe is not established (the appeal period is the argument that was filed after the deadline for submission of the appeal period, and it is considered ex officio).

Considering the various circumstances on the accused of unfair sentencing, the sentence of the lower court (the imprisonment of two years, the fine of twenty million won, and the penalty of twenty million won) is too heavy.

2. Determination

A. (1) The Construction Technology Management Act (hereinafter “Central Committee”) shall be established in the Ministry of Land, Infrastructure and Transport in order to deliberate on matters concerning construction technology, such as the promotion, development, and utilization of construction technology, in order to determine that the selection of the design deliberation subcommittee is invalid due to procedural defects. The Construction Technology Management Act requires that the Central Committee be established in the Special Metropolitan City, Metropolitan City

(Article 5(1). Local committees shall be composed of not more than 250 members, including one chairperson and one vice-chairperson (Article 19(1) of the Enforcement Decree of the Construction Technology Management Act); members of local committees shall be appointed or commissioned by the head of the local government from among the persons recommended by the Central Committee, other local governments, the local committees, the Special Committee, the Design Advisory Committee or relevant civic groups

(Article 19 (3) of the Enforcement Decree of the same Act). In addition, not more than 50 local committees shall carry out the deliberation efficiently.