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The judgment below
The guilty portion shall be reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall be imposed on the defendant.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court against the Defendant is too unreasonable.
2. Although there are unfavorable circumstances such as the fact that the defendant did not know himself during the period of probation due to the same crime and committed each of the crimes in this case, the defendant recognized each of the crimes in this case for a considerable period of time, and agreed that the defendant had an opportunity to reflect against himself through his living in custody, the court below deposited 50,000 won to the victim C,J and H, public officials G and H, received a letter of favor from the above public officials, the defendant had no record of being sentenced to the sentence, the fact that the defendant had to support his children, the fact that the defendant was in the place where he had to support his children, the fact that the sentence of imprisonment with prison labor for the defendant is too harsh than the degree of each of the crimes in this case, and that it seems that it would be too harsh than that of the previous suspended sentence (two years of suspended sentence in five months) by sentence of imprisonment with prison labor for the defendant, and considering various sentencing conditions as shown in the records such as the motive, background, situation, age, character and environment of the defendant after the crime in this case.
3. In conclusion, the defendant's appeal is with merit, and the part of the judgment below's conviction is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are as shown in each corresponding column of the judgment below, and therefore they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act and Article 314 (1) of the Criminal Act concerning the facts constituting an offense;
1. The Commercial Concurrent Crimes Act.