변호사법위반
The prosecutor's appeal is dismissed.
The summary of the grounds for appeal (the imprisonment of two years, the suspension of execution of four years, the additional collection of 130 million won) of the lower court is deemed to be too unfeasible and unfair.
Judgment
The Defendant received a total of KRW 130 million from the injured party under the pretext of making a solicitation to receive a prior action in a criminal trial, and is disadvantageous to the Defendant, such as the nature of the crime of this case as a bad and the fact that the Defendant receives a large amount of money.
However, on September 13, 2014, the Defendant returned KRW 100 million out of the money received as above, and did not actually affect the result of a criminal trial, the fact that there was no record of punishment for the same kind of crime in the past, and other favorable circumstances, such as the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., and the scope of the recommended sentencing guidelines for a violation of the Attorney-at-Law’s Act (one year to four years from imprisonment) by considering the following as a whole: One year and four years from April to four years [a year from April 1 to four years from imprisonment (at least one hundred million won) of the basic area of receiving money and valuables in the name of good offices and good offices (at least one hundred million won, return of special benefits: Where an attorney-at-law commits a crime under Article 110(a) of the Act). In addition, the lower court’s sentencing is the most unfair one of the three stages of punishment.
Therefore, the prosecutor's improper argument of sentencing is without merit.
In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.