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(영문) 광주지방법원 2013.03.22 2012노2603

변호사법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of the court below (the penalty of 6 months, 31 million won) shall be too heavy when considering the various circumstances against the defendant in light of the summary of the grounds for appeal.

2. The judgment of the defendant recognized the crime of this case and reflects the fact that the defendant used L, an accomplice, the amount of KRW 15 million out of the amount of KRW 31 million received by the defendant, and the money provider D returned the amount of KRW 15 million to the defendant, and D did not want the punishment of the defendant, and due to the detention of the defendant, it is difficult for the defendant to build a convalescent hospital, which is being promoted by the defendant, are favorable to the defendant.

However, the crime of this case is a case in which money and valuables are received from a person in charge of receiving large amounts of money under the pretext of soliciting a judge in favor of the defendant in a case in which the defendant is in trial, and there is a need to punish the defendant strictly because of high social harm and harm in that it impedes the fairness of the judge and the confidence of the people, and the nature of the crime is bad. The defendant not only actively demanded the provision of money and valuables, but also the amount received through the crime of this case reaches 20 million won, and the amount received through the crime of this case reaches 31 million won, and the amount received through the crime of this case reaches 20 million won, and it is more important to consider all the sentencing conditions under Article 51 of the Criminal Act including the degree of the defendant's participation in the crime, circumstances after the crime, etc.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.