변호사법위반등
All of the appeals by prosecutors are dismissed.
1. Summary of grounds for appeal;
A. According to the evidence submitted by the prosecutor, the court below acquitted Defendant A of the fact that Defendant A offered a bribe and Defendant B received a bribe, among the facts charged in the instant case, and acquitted Defendant B of the fact that the bribe was offered to Defendant A and the bribery was accepted. The court below erred by misapprehending the fact and adversely affecting the conclusion of the judgment.
B. Improper sentencing (for Defendant A), the lower court’s punishment (amounting to KRW 6 million, additional collection) is too uneasy and unreasonable.
2. Determination
A. The judgment of the court below as to the assertion of mistake of facts (as to all the defendants, the court below judged that this part of the facts charged constituted a case where there is no proof of facts charged, on the grounds as stated in its reasoning. The judgment of the court below is just and acceptable, and there is an error of law by misunderstanding facts and affecting
subsection (b) of this section.
The prosecutor's assertion of mistake is without merit.
B. Taking account of the fact that there is no change of circumstances that may add the punishment of the lower court in the first instance court to the circumstances favorable to the Defendant, such as the fact that the money and valuables received from the judgment (as to Defendant A) on the unfair argument of sentencing is not a large amount, and that there is no record of punishment for the same kind of crime, etc., the lower court’s punishment is deemed reasonable, and it does not seem unfair on the ground that the lower court’s punishment is deemed unreasonable on the ground that there is no change of circumstances that are likely to add to the punishment of the lower court in the first instance court.
The prosecutor's improper argument in sentencing is without merit.
3. The appeal by the prosecutor of the conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.