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(영문) 광주지방법원 2014.10.14 2014고합308
특정범죄가중처벌등에관한법률위반(뇌물)
Text

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of ten months.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

1. The defendant A has been a public official belonging to the International Maritime Police Station in charge of marine pollution response and registration and inspection of marine pollution response companies, and designation of pest response zones of marine pollution response companies when marine pollution response accidents occur.

On September 24, 2007, the Defendant received KRW 33 million from B, the representative of the above company, in consideration of convenience, such as making the above company to participate in marine pollution response affairs and claiming expenses for pollution response, at the K Office located in J on September 24, 2008.

Accordingly, the defendant accepted a bribe in relation to the public official's duties.

2. Defendant B delivered KRW 33 million to the above Party A on the date, time, and place described in paragraph 1, as described in paragraph 1, and delivered a bribe to the public official’s official duties.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of the witness N orO;

1. Each prosecutor's protocol of examination of the defendant A and B;

1. Each prosecutor's protocol of statement against N orO;

1. A written statement of B andO;

1. The application of Acts and subordinate statutes to the register of marine pollution response business, list of the current status of pollution response business, record, cash book-keeping copy, investigation report (verification and reporting of entries in the cash book);

1. Article 2 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 10210, Mar. 31, 2010) and Article 2 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 10210, Dec. 26, 2008; thus, this case is not applicable.

Paragraph (1) 3 of this Article, Article 129(1) of the Criminal Act [Provided, That the upper limit of punishment shall be governed by the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010)] Article 13(1) and Article 129(1) of the Criminal Act (selected of imprisonment)

1. Discretionary mitigation Defendant A: Defendant A under Articles 53 and 55(1)3 of the Criminal Act.

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