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(영문) 서울고등법원 2014.01.24 2013노3405
변호사법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (the penalty of eight months of imprisonment, two years of suspended execution, one thousand won of 17.3 million won) is too unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant’s confession of the instant crime and reflects the Defendant; (b) the victim does not want punishment against the Defendant by mutual consent with the victim; (c) the Defendant does not have the same criminal record; and (d) the total amount of money by deceiving the victim under the pretext of soliciting the case handled by the public officials is not a relatively large amount of KRW

On the other hand, the fact that the crime of this case is committed by deceiving the victim under the pretext that the defendant would settle the criminal case of the victim through a court-related person, and at the same time by deceiving the victim and receiving money and valuables under the pretext of solicitation concerning the case handled by public officials, and that the trust of the general public in the fairness of law enforcement may be undermined due to the crime of this case, etc., shall be considered to be unfair in light of all the above circumstances, such as the defendant's age, character and behavior, environment, circumstances of the crime of this case, circumstances after the crime of this case, and other circumstances shown in the argument of this case, it is not deemed that the above punishment sentenced by the court below to the defendant within the scope

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since there is no reason to do so. It is so decided as per Disposition.

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