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(영문) 서울고등법원 2017.10.13 2017노1792
특정범죄가중처벌등에관한법률위반(뇌물)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the Defendants to each punishment (defendant A: imprisonment of two years and six months; fine of 43,000,000; penalty of 42,49,000; penalty of 42,49,000; imprisonment of one year; imprisonment of two years; imprisonment of two years; imprisonment of one year and six months; fine of 26,000,000; and penalty of 26,00,000,000) is too unreasonable.

2. In a case where there is no change in the terms and conditions of sentencing compared to the first instance trial, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The instant crime is a case where Defendant B provided a bribe equivalent to KRW 42,49,000 to Defendant A, who is the supervisor of the construction site, while performing the construction work contracted by the Korea Land and Housing Corporation, a public enterprise, and the Seoul Housing Corporation (hereinafter “Seoul Housing Corporation”). Defendant A and C received the bribe, respectively.

The lower court takes into account the following: (a) the Defendants were at a disadvantage; (b) the instant crime was committed against the Defendants; (c) the Defendant’s receipt of money and valuables, etc. in addition to cash, on several occasions, such as golf entertainment and high-priced meal entertainment; (d) Defendant B voluntarily offered bribe to Defendant A and C; and (e) Defendant C received money and valuables on two occasions; and (e) the amount of money and valuables was not much significant; (b) the Defendants appear to recognize and reflect the instant crime; (c) Defendant A and C were first punished by a fine for a violation of the Road Traffic Act (driving) in 2010; and (d) Defendant A and C did not have any other criminal history; (e) Defendant A and C were deemed to be a public official in the application of the crime of bribery under the Criminal Act; and (e) Defendant A and C did not first demand a bribe in the case of Defendant A and C.

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