(영문) 서울고등법원 2013.8.23.선고 2013노1566 판결

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive. 30 million won shall be collected from the defendant.

Reasons

1. Summary of grounds for appeal;

The punishment sentenced by the court below (additional collection of 10,000,000 won for imprisonment) is too unreasonable.

2. Determination

Defendant’s taking advantage of the status of supervision over the field of the night-gu college, received money and other valuables in exchange for illegal solicitation in relation to the selection of the students of sports special skills in the field of the night-gu college, thereby infringing on the fairness in the selection of sports special skills in the university and the social trust thereof. The Defendant’s provision of money and other valuables is large of KRW 30 million, which are disadvantageous to the Defendant.

On the other hand, taking into account the following circumstances: (a) the Defendant led to the confession of the instant crime; (b) the Defendant did not have any criminal record; (c) the Defendant returned KRW 30 million received from G through G to G; (d) the Defendant did not actively demand the said money and valuables; and (e) used the said money and valuables for the expenses related to the camping room while keeping them in the camping room; and (e) the circumstances in which the Defendant prepared for the return of the said money and valuables appear to appear to be favorable to the Defendant; and (e) other circumstances shown in the instant argument, comprehensively taking into account the Defendant’s age, character and conduct, environment, background of the instant crime, circumstances after the instant crime; and (e) the sentence imposed by the lower court is too unreasonable.

3. Conclusion

Thus, the defendant's appeal of this case is well-grounded, so the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

The summary of the facts constituting an offense and evidence. The summary of the facts constituting an offense and evidence recognized by the court concerning this case is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 357(1) of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (Considerationl Conditions in the foregoing)

1. Additional collection:

The latter part of Article 357(3) of the Criminal Act