logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2018.12.06 2018노1098
변호사법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (unfair sentencing) was an old age that Defendant A was not healthy, and the above Defendant was returned by the F in person with the solicitation.

Comprehensively taking account of the fact that additional 40 million won added to the prescribed 40 million won, additional 20 million won was returned to F, the sentence of the lower court ordering the above Defendant to provide community service for 80 hours and to additionally collect 20 million won in addition to 8 months of imprisonment and 2 years of suspended execution, is too unreasonable.

B. Defendant C (hereinafter “the president”) recommended H as the president of the G hospital (hereinafter “the head of the hospital”) at the request of Defendant C (hereinafter “the president”) of the lower court’s co-defendant C (hereinafter “Defendant C1”), and Defendant C did not fully take part in receiving KRW 50 million from F under the pretext of personnel solicitation in collusion with the above B.

B. Defendant C received KRW 50 million from Defendant A and B as a result of the public offering, and received KRW 15 million from B only after the crime of violation of the Act on the Protection of Justice was committed by the two persons. In addition, Defendant C only received KRW 15 million from B, and it is irrelevant to personnel solicitation.

Nevertheless, the lower court found Defendant C guilty of the facts charged in the instant case to the effect that “Defendant C received money in collusion with Defendant A and B for the purpose of raising funds for the president (in solicitation on the personnel management of the hospital head).”

2) Even if Defendant C was found guilty of the facts charged, if the above Defendant considered the status, the circumstances leading up to the participation, and the amount of gains acquired, etc., then the above Defendant should be punished more heavily than other accomplices (Defendant A and Defendant B).

Nevertheless, the sentencing of the court below, which sentenced the 8-month imprisonment with prison labor for the accused C, is too unreasonable while taking the measures to suspend the execution against other accomplices.

2. Judgment on the grounds of appeal by Defendant A

arrow