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(영문) 서울고등법원 2019.01.10 2018노2870

변호사법위반

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The judgment below held that under the circumstances unfavorable to the defendant, the defendant was given a total of KRW 53 million in consideration of the number of criminal acts and the amount of money received. Considering that the defendant's act constitutes a serious crime that seriously undermines the people's trust in the fairness of the criminal justice procedure and that the crime is bad in light of the number of criminal acts and the amount of money received, the defendant was under favorable circumstances; that the defendant was under poor conditions; that the defendant was under poor conditions such as undergoing a heart surgery as old age; that the defendant was under positive provision of money and valuables and expenses to solve the problem of the K's criminal affairs by taking advantage of the fact that the defendant was under more passive response; that the defendant was punished by the Commercial Act on November 19, 202; that there was no criminal history after being sentenced to the punishment of a fine on violation of the Commercial Act; that the defendant's act was under poor conditions such as providing money and valuables; and that the defendant was under good conditions such as providing money and valuables; and that the defendant was under positive conditions and conditions after the criminal acts.

In full view of the factors and guidelines for sentencing expressed in the sentencing review process of the lower court, the lower court’s determination of sentencing is not deemed to have exceeded the reasonable bounds of its discretion.

Furthermore, the grounds for unfair sentencing alleged by the Defendant and the prosecutor are the circumstances that the lower court already considered while determining the Defendant’s punishment, and in addition, the lower court’s judgment is maintained even when comprehensively considering the materials presented during the sentencing hearing of this court.

참조조문