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(영문) 부산고등법원 2015.06.18 2015노212
변호사법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment, additional collection of KRW 136 million) is too unreasonable, which is the gist of the grounds for appeal.

2. The judgment of the Defendant is favorable to the Defendant, such as: (a) the Defendant was aware of all the instant crimes; (b) the Defendant made efforts to recover damage to E, who is a money donor in the trial; and (c) the Defendant was subject to a fine several times; and (d) there was no previous conviction; and (c) the Defendant was in a state of cerebrovassis during detention, which was not good, due to the occurrence of health conditions.

However, there are many circumstances unfavorable to the defendant, such as the fact that the defendant committed the crime of this case in collusion with D and F, and the fact that he received a total of KRW 280,000,000 under the pretext of inducing or inducing the public confidence of the public officials in terms of the integrity of the public official's duties, and that the defendant and the public recruited to achieve the act of using the public official is made up of a vessel for detention, or made up of a vessel for detention, and thus, the intention of the crime is very poor, and that among the money received from E, the defendant acquired the highest amount of money out of the amount of money distributed to 136,00,000 won in aggregate.

As above, taking account of the Defendant’s favorable or unfavorable circumstances and the degree of the Defendant’s participation in the crime, equity in punishment among accomplicess, and all of the sentencing conditions specified in the instant pleadings, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, family relationship, etc., the scope of recommendations set out in the sentencing guidelines based on the circumstances in which the money and valuables provided E transfers real estate, claims, etc. at the trial (one year and six months to three years).

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