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(영문) 전주지방법원 2014.09.26 2014노409

변호사법위반

Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 10,000,000.

The above fine is imposed against the Defendants.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendants and their defense counsel (the sentence of two years of suspended execution, community service, Defendant B: imprisonment with prison labor for eight months, two years of suspended execution and community service in six months) is too unreasonable.

B. The lower court’s sentence against the Defendants on the prosecutor is too unhued and unreasonable.

2. In light of the fact that the Defendants’ act of judgment would impair fairness and transparency in the affairs of public officials by promising the payment of money under the pretext of allowing the public officials to benefit from the participation, etc. in the construction through J at the time, the Defendants should be punished strictly. However, the Defendants did not intend to give the above benefits from the beginning to the O in the criminal agreement process between J and M, but did not induce the O, and the Defendants requested the role of arbitration during the criminal agreement process, but did not lead to the Defendants’ allegation that the criminal agreement cannot be concluded because the amount was KRW 50 million, which led to the occurrence of a situation where the criminal agreement cannot be concluded. In order to expect that theO would be able to receive various assistance from the head of the Gun in the future along with the benefits of the construction, the Defendants agreed to pay KRW 50 million,000,000 as well as the benefits of the construction. As a result, the Defendants’ assertion that there was no reason to recognize the Defendants’ aforementioned unfair sentencing and unfair sentencing, and there were no reasons to recognize the Defendants’ aforementioned circumstances and the above.

3. Thus, the defendants' appeal is justified.

참조조문