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(영문) 서울고등법원 2012.12.14 2012노2723
변호사법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below, which sentenced the defendant to imprisonment for eight months, two years of suspended sentence, one hundred and sixty hours of community service, and one three million won of the additional collection charge, is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant returned KRW 7 million to C before the commencement of the instant investigation; and (b) the return of the remaining KRW 6 million after the commencement of the investigation; and (c) the confession of the crime and his mistake are divided in depth.

However, the defendant received money on the pretext of extending the period of the agency business to issue a motor vehicle license plate upon solicitation to viewing public officials.

The crime of this case is a crime that greatly undermines the public confidence in the fairness of official duties and requires strict punishment.

In light of the above circumstances, it is difficult to view that the sentencing of the lower court against the Defendant is too unreasonable and unreasonable, considering the following circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Therefore, the above argument is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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