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(영문) 대구지방법원 2018.02.02 2017노3801
입찰방해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (two years of suspended sentence to one year of imprisonment) on the summary of the reasons for appeal is too unreasonable.

2. A favorable circumstance is that the Defendant led to the confession of each of the crimes of this case, and the Defendant’s actual profit is less than the amount of the exercise received through each of the crimes of this case, and the Defendant seems to have been less than the amount of the exercise received through each of the crimes of this case, and the Defendant contributed KRW 10 million to the Daegu Industrial University, the Yong-Namnam Disabled Persons Association, the Life Respect Education Council, the Defendant has no record of the same kind of crime, the Defendant loses the right to vote in the event that the suspension of execution is finalized, and the Defendant’s family members and branch members appeal the Defendant’s wife.

However, in this case, the defendant has been able to exercise approximately KRW 287 million in total on three occasions by preparing and submitting a false performance certificate with respect to the holding of an event representing the Sung-gun that should comply with fair competition. In light of the frequency, method, and scale of the crime, the crime is not very good; the defendant is responsible for leading or repeatedly committing each of the crimes of this case as the actual manager of C; the defendant is more strict compliance attitude and ethical awareness than that of the general public; and the defendant commits each of the crimes of this case despite the need for more strict compliance attitude and ethical awareness as S.

In addition to the above circumstances, considering the defendant's age, sex, environment, motive, means and consequence of the crime of this case, circumstances after the crime, criminal records, etc., all of the sentencing conditions as shown in the records and arguments in this case, the sentence sentenced by the court below cannot be deemed unfair.

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

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