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The judgment of the court below is reversed.
Defendant
A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.
Defendant .
Reasons
1. Summary of grounds for appeal;
A. In light of the various sentencing conditions in the instant case, the sentence imposed by the lower court (two years and six months and additional collection of KRW 65 million, Defendant B’s imprisonment) is too unreasonable.
B. In light of the various sentencing conditions of the Prosecutor’s instant case, the sentence imposed by the lower court to Defendant B is too unfasible and unreasonable.
2. Determination
A. Examining the various sentencing conditions of Defendant A in the instant case, the instant crime was committed with significant social harm, such as undermining the social trust in the fairness of performing official duties and the purchase of uncertainty, etc., and Defendant A led the instant crime and received money in return for solicitation up to KRW 100,000,000, which are disadvantageous to Defendant A.
However, in full view of the facts that Defendant A led to the instant crime, and his mistake is in depth divided, that Defendant A used the current state of health as a patient for the terminal cancer, that KRW 26.6 million out of the KRW 100 million received from F’s wife G in solicitation, used F as a lawyer’s fee, and that some amount was returned to F’s wife; that part of the amount was used as a expense, and the profit actually acquired by Defendant A is not significant; that there was no same criminal record; that there was no other criminal record; and that there was no other various sentencing conditions shown in the instant argument, such as Defendant A’s age, character, character, environment, and family relationship, the sentence imposed by the lower court against Defendant A is too unreasonable.
Therefore, Defendant A’s assertion of unreasonable sentencing is justified.
B. Examining the various sentencing conditions of Defendant B in the instant case, the instant crime was committed with significant social harm, such as undermining the social trust in the fairness and uncertainty of the performance of official duties, and Defendant B committed the instant crime even though he was sentenced to three years of imprisonment due to the crime of violating the Act on the Control of Narcotics, etc. (fences), and the amount received in return for solicitation is 100 million won.