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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for a year and six months, and for a defendant B, for two years, respectively.
except that this shall not apply.
Reasons
1. The gist of the reasons for appeal (unfair sentencing) of the court below's punishment (one year and six months of imprisonment, and two years of imprisonment) asserts that the defendants are too unfasible, and that the prosecutor is too unfasible and unfair.
2. The crime of this case is determined by the Defendants’ collusion to acquire a total of KRW 180,00,000 or more proprietary benefits by requiring M to purchase livestock immunity, etc. from M, and causing damage equivalent to the same amount to M. The Defendant B provided a bribe of KRW 100,000 or more times to Defendant A. The crime of occupational breach of trust in this case is deemed to have been wasted in the city of M, and the damage therefrom is ultimately attributable to all citizens. In light of the fact that the crime of occupational breach of trust in this case was committed, the Defendants should be punished strictly.
However, on the other hand, the defendants were found to have committed the crime of this case against the judgment of the court below. Defendant A had no record of criminal punishment prior to the trial; Defendant B had no record of criminal punishment prior to the crime of the same kind; Defendant B cannot be seen to have no effect of raising the immunity from livestock purchased from theO at the M market; Defendant B was immediately returned; Defendant B did not have any intention to deliver the bribe; Defendant A deposited KRW 100 million for the victim M; Defendant A made efforts to recover damage due to the establishment of the right to collateral security on one’s own commercial building; Defendant B deposited KRW 40,000 for the victim M in the trial of the court of first instance; Defendant A also agreed that Defendant A agreed to commit the crime of this case at the time of the victim M; Defendant A reached an agreement with the victim M, the circumstances leading up to the crime of this case; Defendant B’s age, and the record and circumstances of the crime of this case; and Defendant B’s sentencing.