logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.03.29 2016노3958
변호사법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year and three months of imprisonment, additional collection of 90 million won) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. Application of the sentencing guidelines [the types of decisions] : Receipt of money and valuables under the pretext of solicitation, acceptance of money and valuables under the pretext of solicitation, Type 3 (at least 50 million won but less than 100 million won): Where a crime is committed in the form of a crime provided in Article 110 of the Attorney-at-law Act: Return (including deposit) of money and valuables and other benefits (including deposit): Where a person has made solicitation or good offices: Reduction factors: serious half [the scope of recommendation] aggravation area: The court below determined the scope of the recommendation as "one year to two years and six months" on the ground that it falls under the basic area while it stated the above as to the person who has been special sentencing, but determined the scope of the recommendation as "one year to two years and six months." However, the aggravated factor applied to the defendant is the person who committed the act, while it is the person who committed the act, it constitutes a mitigation area. Accordingly, it constitutes an aggravated area.

B. Specific determination

arrow