변호사법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The sentence of the lower court (the imprisonment of six months, the additional collection of twenty million won) is too unreasonable, which is the gist of the grounds for appeal.
2. In full view of the following circumstances: (a) the Defendant returned money, valuables, and other benefits derived from the instant crime, such as paying KRW 20 million to D when the Defendant was in the first instance trial; and (b) the Defendant’s age, sexual conduct, environment, motive and circumstances leading to the instant crime; and (c) circumstances leading to the sentencing conditions indicated in the record, such as the circumstances after the instant crime, the lower court’s punishment is unreasonable.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.
【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited by Article 369 of the Criminal Procedure Act
Application of Statutes
1. Relevant Article of the Act and Article 109 (1) 1 (e) of the Act and the choice of imprisonment, as an attorney-at-law on criminal facts;
1. Article 62 (1) of the Criminal Act on the suspension of execution ( considered favorable circumstances as examined in the grounds for reversal);
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;
1. The late text of Article 116 of the Act;