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(영문) 서울고등법원 2014.04.04 2013노4064
변호사법위반
Text

Defendant

All appeals filed by A, D and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (1) In fact-finding, the Defendant did not receive each amount listed in the table of crime list 1,3,4,9,11 from G from the charge, and each amount listed in the table 2,5, and 6 Nos. 2,5, and 6 of the same chart was borrowed from the public official’s living expenses, etc., but rather borrowed from the public official’s living expenses, etc., the lower court accepted G’s statement without credibility and found the Defendant guilty of all the charges, thereby adversely affecting the conclusion of the judgment.

(2) In light of the fact that the Defendant partially recognized the crime of unfair sentencing (the money listed in Nos. 7, 8, and 10 of the same list) and violated it, and that some of the money was returned to G, etc., the sentence of imprisonment with prison labor for one year and six months, additional collection 5,66 million won imposed by the lower court is too unreasonable.

B. Defendant D (1) In fact-finding, Defendant D (1) received 20.8 million won from A to appoint an attorney-at-law through a prestigious director, rather than in the name of solicitation for a case handled by a public official of fact-finding, but the court below found Defendant guilty of the facts charged against Defendant, which affected the conclusion of the judgment by misunderstanding the facts.

(2) In light of the fact that the defendant returned and agreed on the 22.3 million won to A, who is a money or goods, the punishment of imprisonment with prison labor for six months and additional collection 20.8 million won imposed by the court below is too unreasonable.

C. (1) In light of the following: (a) the prosecutor’s (i) the process and method of the crime; (b) the amount of money received from the defendant A; and (c) the fact that the defendant denies and does not reflect the crime, the above sentence imposed by the court below is too un

(2) It is sufficiently recognized that Defendant C has received money under the pretext of solicitation for a case or affairs handled by a public official in collaboration with A in light of the statement, recording, etc. of the Defendant and G.

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