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(영문) 광주지방법원 2016.11.02 2016노1075

변호사법위반

Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal (the 2 years of suspended sentence for each of the defendants 8 months and the 111 million won additional collection from the defendant A) declared by the court below is too uneased and unreasonable.

2. The crime of this case is committed under the pretext that the Defendants would not be detained, and thus, the nature of the crime is not good. The fact that the fairness and integrity of public officials in charge of the investigation of this case’s duties are considerably damaged due to the crime of this case’s violation of the social trust in terms of fairness and integrity.

On the other hand, there are favorable circumstances such as the fact that the Defendants are properly aware of and against their mistakes, and that the Defendants are not subject to punishment against the Defendants under mutual agreement with D which provided money and valuables to them.

In addition, comprehensively taking account of the circumstances leading to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the Prosecutor’s assertion is without merit, since the sentence imposed by the lower court is too uneasible and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.