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(영문) 수원지방법원 2016.12.07 2016노6676

변호사법위반

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one hundred months of imprisonment, additional collection of KRW 39,403,250) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

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

The defendant recognized the crime of this case and reflects it, and there is no record of punishment for the same crime.

On the other hand, the crime of this case was committed under the pretext of solicitation of the public official's affairs concerning the public official's affairs, and the nature of the crime is poor, and the defendant made a solicitation against the public official in relation to the selection of the subcontractor.

In addition, taking into account the following circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the conditions for sentencing as indicated in the instant records and pleadings, the sentence imposed by the lower court is deemed appropriate, and it cannot be deemed that it is too heavy or too unreasonable.

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.