변호사법위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
20 million won shall be additionally collected from the defendant.
1. The gist of the grounds for appeal is that, when considering various circumstances, the punishment of the court below (one year of imprisonment, additional collection 20 million won) is too unreasonable. On the other hand, the prosecutor is deemed to be too unreasonable in light of the content of the instant crime and the nature of the crime.
2. The crime of this case is a case in which the defendant, who is the representative of a local newspaper company, receives a large amount of money from a money and valuables provider under the pretext of soliciting a money and valuables provider or a disputing person to be detained, and is highly likely to cause social harm, such as undermining the fairness of an investigation and the trust of the people, and in particular, the defendant not only actively demanded the provision of money and valuables, but also the amount received through the crime of this case is not less than 20 million won, and the defendant committed the crime of this case even though he was punished several times for the same crime (one suspended sentence of execution, one fine, and one fine).
However, in full view of the fact that the defendant recognized and divided the crime of this case, the defendant appears to have not yet taken the actual solicitation after receiving money and valuables, the defendant committed the crime of this case in order to avoid the managerial difficulties of the newspaper company represented by him, the defendant used the money received from the money and valuables as the operating expenses of the newspaper company not for the personal purpose, the return of the money received from the money and valuables provider to the money and agreed to do so, the defendant suffered difficulties due to the detention of the defendant, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, including the defendant's age, character, character and environment, etc., the defendant's punishment of the court below is somewhat inappropriate, and the defendant's assertion is reasonable.
3. Conclusion.