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(영문) 서울고등법원 2014.05.15 2014노122
특정범죄가중처벌등에관한법률위반(뇌물)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: The punishment imposed by the court below on the defendant (the imprisonment of two years and six months, the fine of thirty million won, the additional collection of thirty million won) is too unreasonable.

2. Circumstances are favorable to the Defendant, such as the fact that the Defendant recognized the instant crime and reflects the depth of the Defendant, that there is no record of criminal punishment against the Defendant, that the Defendant appears not to explicitly demand money and valuables in advance on the side of the F Company, and that the Defendant appears to be in a relatively sincere and faithful position as a secretary for the National Assembly member.

However, the defendant was a secretary of the National Assembly and a public official in extraordinary civil service equivalent to Grade V belonging to the National Assembly Secretariat, and in particular, took charge of the practical affairs of participating in the presentation of many bills proposed by the Health and Welfare Committee while assisting the legislative activities of the E National Assembly member who is the chairman of the National Assembly Health and Welfare Committee. Despite the fact that whether the bill proposed by the National Assembly is to be presented to the legislative review subcommittee of the competent Standing Committee can be sufficiently anticipated for interested parties, the act of receiving a large amount of bribe of 30 million won without awareness of any particular crime is not sufficient in nature of the crime; the defendant appears to have used the money and valuables for personal purposes; the defendant is expected to have used the money and valuables as above; the appropriateness of the legislative procedures and the confidence of the people in the fairness of the legislative procedures that are initiated by the National Assembly by receiving a bribe in relation to the submission of the bill to the National Assembly member's legislative activities; and whether it is to be presented to the legislative review subcommittee of the competent Standing Committee is less than the sentencing guidelines of the defendant within the maximum sentencing period of punishment.

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