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(영문) 서울고등법원 2016.06.16 2016노120
변호사법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

75 million won shall be additionally collected from the defendant.

3.2

Reasons

1. Summary of grounds for appeal;

A. Defendant: The sentence of the lower court (the punishment of imprisonment of three years, additional collection of one billion won) is too unreasonable.

B. Prosecutor: The lower court’s sentence is too unhued and unreasonable.

2. In a case where an attorney-at-law is deprived of money, valuables, entertainment, or other benefits from a criminal or a third party to prevent them from possessing unlawful profits, and where part of the money and valuables received under the name of the public official to make a solicitation or to arrange for the case or affairs dealt with by the public official is given as a bribe to the relevant public official in connection with the solicitation in accordance with the purport of actually receiving the money and valuables, or where the money and valuables have been distributed among the actual accomplices of the crime, such as co-principals, paper-principals, and teachers, regardless of whether there is prosecution against the above-mentioned women, etc., the part of the money and valuables should not be reverted to the defendant, and thus, the remaining money and valuables, other than the part, should be confiscated or collected from the public prosecutor under the pretext of the public prosecutor's order to collect the money and valuables from the public prosecutor's first of all to 700 billion won (see Supreme Court Decisions 93Do1569, Dec. 28, 1993; 200Do794, Mar. 9, 2001).

Therefore, in light of the above legal principles, the above KRW 75 million from the defendant ( = 1 billion -1 billion -1 billion -.

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