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(영문) 부산고등법원 2020.05.21 2020노93
뇌물수수
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for a term of one year and a fine of 40 million won) imposed by the court below on the defendant is too unreasonable.

2. The Defendant received a bribe from a public official of the Gu office on behalf of an enterprise closely related to the business even though he/she had a duty to perform his/her duties with integrity and fairness.

There is no evidence to deem the Defendant to have carried out his business in return for the acceptance of the bribe as above, and the Defendant appears not to have actively demanded a bribe to F who is a bribe payer in the process of the acceptance of the bribe in this case, and the Defendant is able to take account of such circumstances as: (a) the first offender without any criminal power, which recognized the crime from the beginning of the investigation, and divided the errors; and (b) his parents and children are responsible for the livelihood of their parents and children.

However, the crime of acceptance of bribe is a serious crime that seriously undermines the general public's trust in the fairness of official duties and the purchase of unsound goods, and is a serious crime that must be eradicated in this society.

In addition, considering the fact that the amount of the bribe received by the defendant reaches 20 million won, and that it seems clear that the defendant provided information acquired in the course of performing his/her duties to F, who was known from 18 years to 18 years, is giving an opportunity to acquire economic benefits up to 00 million won and that part of it is clearly divided, since the criminal liability of the defendant is considerably unreasonable, it is inevitable to punish the corresponding severe punishment.

In addition to the above circumstances, various circumstances, including the defendant's age, occupation, character and conduct, environment, means and consequence of the crime, motive of the crime and circumstances after the crime, etc., as well as the scope of the recommended sentence guidelines according to the sentencing guidelines established by the Supreme Court.

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