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(영문) 광주지방법원 2018.12.19 2018노2961
제3자뇌물취득
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. Considering the fact that the nature of the instant crime is not very good, the frequency of the instant crime reaches several times, and the amount of money and valuables received, there is a need for strict punishment against the Defendant.

However, in light of the Defendant’s age, sex and environment, motive, means and consequence of the crime, and other conditions of sentencing specified in the argument of this case, such as the circumstances after the crime, the lower court’s punishment is too too unreasonable, and thus, it is recognized that the Defendant’s above assertion is too unreasonable, given that the Defendant’s punishment is too too unreasonable, since it is recognized that the Defendant’s punishment is too excessive in consideration of the following factors: (a) the Defendant merely carried out the role of simply delivering a bribe under the direction of the superior head of the Gun, as a chief of the accounting division; (b) the Defendant voluntarily surrenders himself to the investigative agency by carrying out large containers; and (c) the Defendant appears to have carried out his duties in good faith as a public official; and (d) the Defendant’s age, sex and environment, motive

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 133 (2) and (1) of the Criminal Act and Article 133 (1) of the same Act concerning the relevant criminal facts, the selection of fines, and the selection of fines;

1. Article 52, Article 52 (1), and Article 55 (1) 6 of the Criminal Act to mitigate self-denunciation;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 134 of the Criminal Act;

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