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(영문) 부산고등법원 2017.01.12 2016노687
변호사법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

The prosecutor asserts that the sentence of the court below (one hundred months of imprisonment, two years of suspended execution, and additional collection KRW 26 million) is unfair on the grounds of appeal. However, in full view of the factors and guidelines for the sentencing specified in the sentencing deliberation process of the court below, the sentencing judgment of the court below that deemed the main sentencing factor, including the contents and nature of the crime of this case, damage to social trust arising therefrom, the amount of money received by the defendant, partial refund of money, the agreement with the father and wife of the money, the Defendant’s wife against the Defendant’s family members, and the Defendant’s reflective and criminal records, has exceeded the reasonable limit of discretion.

It can not be assessed, and there is no circumstance or material that can be deemed unfair to maintain the sentencing of the court below in the course of the deliberation of the sentencing of the party.

Therefore, the prosecutor's appeal is dismissed (Article 364 (4) of the Criminal Procedure Act).

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