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(영문) 대전고등법원 2016.08.12 2016노181
뇌물수수
Text

The defendant's appeal is dismissed.

Reasons

Improper sentencing on the summary of reasons for appeal: The sentence of the court below (the imprisonment of six months, the suspension of execution of one year, and the fine of seven million won) is too unreasonable.

Judgment

The circumstances revealed by the court below (the fairness of the execution of official duties and the social trust therein were significantly damaged due to the crime of this case).

The defendant continued to receive money and entertainment for a period of one year and six months, and in particular, he received 5 million won out of the amount of the accepted acceptance in cash.

In full view of the circumstances revealed by the record, including the following circumstances, the Defendant provided B with information on examiners who choose a wastewater treatment facility installation company to offer a bribe to B so that B may use a bribe, and the Defendant’s sentence is too heavy even if considering the circumstances such as the Defendant’s adverse impact on retirement pay when a suspended sentence is imposed, etc., the sentence imposed by the lower court is too heavy.

It does not appear.

The crime of this case is not a good crime because it receives entertainment and money by taking advantage of the status of a public official from an enterprise in the position of the so-called "B" to receive government-funded construction.

The act like the instant crime is likely to lead to the misunderstanding that other good competition companies should provide bribe or entertainment in order to receive government-oriented construction in order to take advantage of the negative view of the performance of their official duties, and even if so, it may cause harm that the majority of the public officials, who maintain integrity, have impliedly undermined the morale of the public officials while maintaining integrity.

Since it is true that the defendant returned a bribe received before the investigation commences, the court below did not err in considering it as a special mitigation, but rather did not voluntarily return it, from the company to which the defendant offered a bribe.

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