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(영문) 대구지방법원 2014.05.29 2013노3070
뇌물수수
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the crime of this case by the prosecutor was committed by a public official is not committed with the general trust of the public in terms of the unsoundness, fairness, etc. of a public official’s act, the sentence imposed by the court below (two years of suspended execution of imprisonment for six months) is too uneasy and unfair.

B. The sentence imposed by the court below is too unreasonable in light of the fact that the defendant served faithfully as a fire officer during the period of about 30 years, etc.

2. We also examine the judgment and the Defendant’s assertion of unreasonable sentencing.

The crime of this case is an act that has lost the pureity of duties as a public official and sought private interests by taking advantage of the status of a public official, and the criminal defendant committed the crime of this case with the intention of receiving the payment from the beginning by means of fire safety controller in a way that his wife, etc. is listed as a fire safety controller, and sent text messages to another fire-fighting company with the knowledge of the problem and objection raised by the I who is one of the offerers to be managed by another fire-fighting company.

However, the fact that the defendant recognized all of the crimes of this case and reflected, and that the defendant does not have any criminal records of the same kind or fine, etc., are favorable to the defendant.

In full view of such circumstances and conditions of sentencing as the amount of bribe received by the defendant, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., it cannot be deemed that the sentence imposed by the court below is too minor or unreasonable.

Therefore, prosecutor and defendant's assertion are without merit.

The statute of limitations for a defendant's act of receiving a bribe before December 21, 2007 of the amended provision on the statute of limitations for a five-year statute of limitations has not expired in accordance with the provision before the amendment.

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