logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.05.17 2017노63
뇌물수수
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (one year of imprisonment, two years of suspended sentence, fine of 17,00,000 won, additional collection of KRW 15,433,977) is too unreasonable.

2. The judgment is a favorable condition for the defendant, such as the confession of the crime of this case and reflects the defendant, the defendant appears not to have actively demanded a bribe, and the part of the amount received was returned, and the defendant has no criminal history.

However, the Defendant’s crime of this case is serious damage to the public trust in relation to the non-purchase of the fair performance of public duties, and is a bad, and is disadvantageous to the Defendant that the amount of the bribe received by the Defendant is not certain.

On the other hand, if there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In full view of the following circumstances, there is no particular change in the conditions of sentencing compared with the lower court, and other circumstances that are the conditions of sentencing as shown in the records and arguments, such as the Defendant’s age, sexual conduct, environment, motive for committing a crime, circumstances after committing a crime, etc., even if considering the favorable circumstances of the Defendant, it cannot be deemed unfair because the sentence imposed by the lower court is too unreasonable

Defendant’s assertion is without merit.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

arrow