All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Daejeon District Public Prosecutor's Office, which was seized, was pressured in 2015.

1. The first instance court, within the scope of the trial, acquired the total amount of KRW 88 million from the injured party under the pretext of making a solicitation on the case or affairs handled by the public official.

“A sentence of conviction for only the part of KRW 38 million among the facts charged, and not guilty for the remainder of KRW 50 million.

On the other hand, only the defendant filed an appeal for the reason that the sentencing was unfair. As such, the part not guilty of the decision of the first instance court was judged in the trial but was exempted from the object of public defense among the parties.

The scope of the judgment of this court shall be limited to the guilty part of the judgment of the court below, and the conclusion of the judgment of the court of first instance shall be followed with respect to the acquittal portion.

2. The decision of the court below on the gist of the reasons for appeal is unfair because it is too unreasonable that it is too unreasonable to collect the penalty (the first decision: imprisonment with prison labor for 8 months and 38 million won, and the second decision: imprisonment with prison labor for 5 months and confiscation).

3. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

The defendant filed an appeal against the judgment of the court below Nos. 1 and 2, and this court decided to hold a joint hearing of the above two appeals cases. Each of the crimes in the judgment of the court below Nos. 1 and 2 are concurrent crimes under the former part of Article 37 of the Criminal Act, and they should be sentenced to a single sentence by judgment.

In this respect, the judgment of the court below is no longer maintained.

4. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without having to decide on the defendant's unfair argument of sentencing, and the judgment below is reversed in its entirety, and it is again decided as follows.

Criminal facts

The summary of the evidence and facts charged by this court and the summary of the evidence are stated in the corresponding column of the judgment below.