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(영문) 부산고등법원 2016.07.14 2016노296

변호사법위반

Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the court below on the Defendants (Defendant A: imprisonment of April, additional collection of KRW 14 million / Defendant B: imprisonment of August, additional collection of KRW 14 million) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against Defendant A is too unhued and unjust.

2. Determination

A. Some favorable circumstances for Defendant A, which were shown in the proceedings of the trial of the court below and the trial of the court below, are favorable to Defendant A (as Defendant A was in the first instance, his mistake is divided.)

In full view of the sentencing conditions shown in the court below and the trial proceedings, including Defendant A’s age, sex, environment, conditions before and after the crime, etc., and various unfavorable circumstances (the crime of this case committed by Defendant A was committed in collusion with Defendant B and provided money and valuables in an amount equivalent to KRW 28 million in the name of solicitation to prosecutor-public officials under the same circumstances as the criminal facts stated in the court below’s holding. The criminal act of this case committed by Defendant A is serious in the nature of the criminal act that impairs the general public’s trust in the fairness of the performance of duties by investigative agencies; Defendant A committed the crime of this case again during the period of repeated crime even though he had had already been punished several times due to fraud, etc. before and after the crime of this case; Defendant A committed the crime of this case; Defendant A again committed the crime of this case during the period of repeated crime even though he had already been punished several times due to fraud, etc.; Defendant A’s age, sex, environment, and conditions before and after the crime of this case. Thus, it is not recognized that the punishment imposed by the court is too heavy or unreasonable.

B. The part of Defendant B recognized all the criminal facts of this case and divided his wrong facts in depth.

The crime of this case and the crime of fraud in the judgment of the court below, which became final and conclusive, are set aside after Article 37 of the Criminal Code.