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.
The Defendant appealed on the ground that the lower court’s punishment (eight months of imprisonment) was too unreasonable.
The crime is very heavy that the defendant receives money from the public official to make a solicitation or good offices on the affairs handled by the public official in front of the connection with the duties performed by the former member of the National Assembly.
However, in full view of the following facts: (a) the amount received by the Defendant is not significant; (b) the Defendant led to the death of the Defendant for committing a crime; (c) the Defendant returned the profits received from G; (d) there was no record of criminal punishment other than fines in violation of the Military Service Act in 1991; and (e) the Defendant’s age, sexual conduct, environment; (e) details and result of the instant crime; and (e) the circumstances after committing the instant crime, etc., the Defendant’s argument is unreasonable
Since the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the judgment shall be rendered again as follows.
Criminal facts
The summary of the judgment of the court below is as shown in the corresponding column.
Application of Statutes
1. Relevant Article of the Act concerning the facts constituting an offense and Article 111 (1) (including attorneys-at-law who choose a sentence) of the Act and the selection of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspension of execution (the above-mentioned circumstances shall be considered);
1. The community service order under Article 62-2 of the Criminal Act;
1. The late text of Article 116 of the Act;