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(영문) 전주지방법원 2018.04.13 2018노46
뇌물수수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 4,00,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (4 million won of punishment, suspension of qualification, suspension of additional collection 2 million won of punishment) is deemed to be too uneasy and unreasonable.

2. The Defendant was on his duty.

It is not very good to commit a crime that actively demands and gives or receives a bribe from a person who entered into a contract for the initial supply of the G business, which is promoted in F Eup, through his subordinate staff.

In addition, the defendant, as the head of F Eup/Myeon at the time, had the authority to make a de facto decision on the supplier of the said business, so I seems to have not been able to refuse the demand for bribe.

In addition, the amount of the bribe received by the defendant is not less than 2 million won, and a considerable amount of the bribe is used for the unpaid food payment by the employees, the delivery expenses for the fireworks of the defendant's birth, and the gift expenses for the memorials, and used only for the public expenses, as claimed by the defendant, in light of such circumstances.

It is difficult to readily conclude.

Therefore, it is difficult to hold a corresponding liability in that the public institution’s number of public institutions required to maintain fair and integrity due to the acceptance of bribe by the Defendant may be denied.

However, the circumstances favorable to the defendant are that the defendant recognized the crime of this case for the first time, that is, the first offender, that the bribe received after the commencement of the investigation was returned to the donor, and that he faithfully worked as a public official for about 37 years before the crime of this case was committed.

Considering such circumstances as unfavorable or favorable to the defendant, as well as the age, sex, environment, health conditions, circumstances after the crime, etc., various sentencing conditions as shown in the arguments in this case, such as the defendant's age, sex, and health conditions, the sentence of the court below is too uneasible.

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