변호사법위반
1. The part of the judgment of the court below against Defendant A is reversed.
2. The defendant A shall be punished by imprisonment for four months;
3. The defendant.
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.
B. The Prosecutor (the Defendant B)’s sentence (the fine of KRW 4,00,000,000 and the suspension of qualification suspension sentence) declared by the lower court is too uneasible and unreasonable.
2. Determination
A. The crime of this case with respect to Defendant A’s assertion is that the Defendant, through the public health clinic B, demands the Defendant to pay active money to H under the pretext that he would be employed as a fixed-term worker or a local public official who is a public health clinic, so that the Defendant would be employed as a fixed-term worker or a fixed-term local public official in the public health clinic and received money equivalent to the amount of money from H, and the nature of the crime and the
However, in full view of the fact that there is no history of punishment for the defendant as the same crime, and that the defendant reflects his mistake while recognizing the crime of this case, that the defendant returns the full amount of money received from H with He and thereby H wants his wife against the defendant, and that other various circumstances, including the defendant's age, character, character, environment, family relationship, and circumstances after the crime, etc., the punishment imposed by the court below is too unreasonable.
B. The instant crime regarding the prosecutor’s assertion on the Defendant B is that the Defendant received a bribe under the pretext of providing convenience, such as employment of a fixed-term worker at a public health clinic and extension of the future contract period, while serving as a public health clinic official, and the nature and circumstances of the crime are not to be mitigated.
However, there is no record that the defendant was punished for the same crime or has been punished for a fine exceeding the fine, the recognition of the crime in this case reflects his mistake in depth, the defendant did not first demand money, and the amount that the defendant received is relatively little, and the defendant returned the full amount of money received from H with A and thereby H wanting H to take the preference against the defendant.