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(영문) 서울고등법원 2017.07.26 2017노221

변호사법위반등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below (the 4 years of imprisonment and the additional collection KRW 952,774,930) is too unreasonable.

B. The Prosecutor’s sentence of the lower judgment is too uneasible and unfair (the Prosecutor denied the charge of violation of the law by an attorney-at-law on arrest warrant as stated in the warrant of arrest, on May 21, 2016, when the Defendant was investigated on May 21, 2016, after the issuance of the warrant of arrest).

misunderstanding of the legal principles that could not be seen.

Examining the judgment of the court below, the court below did not reduce self-denunciation while applying statutes.

However, the sentencing of the accused was determined and the self-denunciation was taken into account.

The purport of the prosecutor’s assertion also is that the determination of sentencing is unfair on the premise of the number of persons, and thus, it is understood to the purport of the sentencing as a whole). 2. On May 21, 2016, the Defendant stated that the sum of the money received from K was 400 million won in total in the process of voluntarily attending and making statements at the Seoul Central District Public Prosecutor’s Office on May 21, 2016, and cannot be viewed as

However, the court below and this court recognized all the facts charged including this.

It paid KRW 20 million to fraud victim E.

These circumstances are favorable to the defendant.

The amount received by the Defendant as a crime of defense judicial violation is 952,774,930 won in total (i.e., 907,40,000 won received in relation to K-related amount of 10,000,000 won in relation to AG-related amount of 10,000,000 won in relation to AG, 30,000 won in receipt amount related to AI-related amount of 25,374,930 won in fraud amount, 30,000 won in fraud amount, and 5,00,000 won in bribe amount.

There is also a history of punishment as a bribe in 2009.

Restoration or damage has not been compensated.

Such circumstances are disadvantageous to the defendant.

In addition, all the sentencing conditions shown in the arguments, such as the defendant's age, sex, environment, motive and background leading to the crime, means and consequence, and the situation before and after the crime.

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