(영문) 전주지방법원 2015.01.16 2014노1107 | 리걸엔진

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자간(%)

(영문) 전주지방법원 2015.01.16 2014노1107

뇌물수수

Text

1. The part of the judgment of the court below against the defendant is reversed.

2. The defendant shall be sentenced to 8 months of imprisonment and 15,00,000 won.

Reasons

1. The summary of the prosecutor’s grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (a prison term of eight months, two years of probation, one hundred and sixty hours of community service order, additional collection of 15,00,000 won) is too unhued and unreasonable.

2. Before the judgment on the grounds for appeal by the prosecutor ex officio, the Prosecutor applied for the amendment of a bill of indictment to add Article 2(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes to the applicable provisions of the facts charged against the defendant in the trial at the trial. Article 2(2) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 10210, Mar. 31, 2010; hereinafter the same shall apply) provides that any person who commits a crime under Article 129, 130, or 132 of the Criminal Act shall be concurrently punished by a fine between double and five times the amount of the accepted bill for the crime. However, the court below acknowledged the defendant guilty of the facts charged against the defendant, but omitted the concurrent imposition of a fine under Article 2(2) of the former Act on the Aggravated Punishment, etc. of Specific Crimes, which affected the conclusion of the judgment.

3. In conclusion, the part of the judgment of the court below against the defendant is reversed by the court below's ex officio decision pursuant to Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's grounds for appeal, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. In light of the relevant Article of the Criminal Act and Article 129(1) of the Criminal Act, the lower court each of the instant cases by the Defendant.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제2조 제2항

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