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(영문) 창원지방법원 2013.06.20 2013노464
변호사법위반
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of the lower court (the sentencing of the Defendants: one year of imprisonment with prison labor, two years of suspended execution and additional collection) is too unreasonable.

B. The lower court’s sentencing against the Defendants by the prosecutor is too uncomfortable.

2. It is recognized that there are records of fines and suspension of execution on several occasions due to the crime of violation of the Act on the Control of Narcotics, etc., Defendant A, who was punished by imprisonment, Defendant B had the records of being punished by the suspension of execution due to the same crime, Defendants B had a large amount of money that the Defendants received from E as solicitation for public officials, and the crime of this case requires strict punishment with severe social harm, such as undermining public confidence in the fairness of performing public officials’ duties.

However, in full view of all the criminal acts of this case and all the sentencing conditions on the records and arguments of this case including the defendants' age, character and conduct, environment, motive, means and consequence of the crime of this case, etc., the sentence imposed by the court below on the defendants is deemed to be reasonable, and it is not deemed to be too heavy or too unreasonable, so the defendants and the prosecutor's allegation of unfair sentencing are without merit.

3. In conclusion, each of the instant appeals by the Defendants and the Prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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