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(영문) 서울고등법원 2015.05.14 2015노334
뇌물수수
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal by the defendant and the prosecutor: The sentence of imprisonment with prison labor (two years of a fine, thirty million won of a fine, additional collection) to the defendant is too heavy or too harsh.

2. The Defendant, as an employee of the Korea Land and Housing Corporation, received a bribe in relation to his duties, thereby impairing the fairness of execution of duties and seriously impairing the social trust in performing duties.

In addition, in light of the fact that the amount of the bribe received by the defendant is not 47 million won, and that the defendant provided convenience, such as allowing a person related to his duties to receive a sales incentive in return for the bribe, or failing to confirm the authenticity of the quotation, despite being aware of the fact that the defendant made a sales incentive in the name of another company, it is necessary to punish the defendant with strict punishment.

However, the defendant has no record of crime except that sentenced once to a fine due to drinking driving, and when the investigation of the defendant was initiated in this case, the defendant voluntarily surrenders to the investigation agency and recognized all of the crimes and made a mistake divided, and is in violation of depth.

It does not seem that the defendant actively demanded a bribe, and it has been given official commendation several times in good faith in the Korea Land and Housing Corporation, and the defendant is a public enterprise employee who is deemed a public official, etc., considering the circumstances favorable to the defendant.

In addition, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, various sentencing factors shown in the argument in the instant case, such as the circumstances after the crime, and the scope of recommended sentences in the sentencing guidelines of the Sentencing Commission of the Supreme Court (type of crime between two and five years), 30 million won or more, and less than 50 million won (type of special punishment) (type of punishment) (type of punishment 3), the number of self-denunciation (class 3), and the illegal disposition related to the bribery / [Scope of recommending punishment] 2 to 5 years (class of basic area, the number of bribe amounts is reduced by 1/3).

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