logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2016.11.17 2016노880
변호사법위반
Text

Defendant

All appeals filed by A and the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s imprisonment (two months of imprisonment, additional collection) is too unreasonable.

B. The prosecutor (the defendant A) of the lower court’s each sentence (the same as above, six months of imprisonment, two years of suspended execution, and 80 hours of community service order) is too unfasible and unreasonable.

2. Determination

A. Circumstances favorable to Defendant A are as follows.

The Defendant recognized all of the crimes of this case and reflected in the instant case.

The defendant has no criminal record of the same kind.

H is not punishable for the defendant.

The defendant seems to have caused economic difficulties to commit the crime of this case.

The defendant is not healthy due to high blood pressure, etc.

The defendant has a mother in need of support.

Circumstances unfavorable to the defendant are as follows:

The crime of this case may impair the people's trust in the fairness of law enforcement and the indicientness of the law enforcement and create a distorted perception.

The sum of the money received by the defendant in the name of solicitation is 33 million won.

The Defendant received money and valuables under the pretext of solicitation by actively speaking that H may exercise its influence over the investigation.

In addition, considering the Defendant’s age, character, career, environment, circumstances, and result of the crime, all of the sentencing conditions specified in the instant records and pleadings, such as the records and the circumstances after the crime, the sentence of the lower court is too unreasonable.

It can not be said that it is improper because it is too unfeasible or too unfasible.

The defendant and prosecutor's assertion are without merit.

B. Circumstances unfavorable to Defendant B are as follows.

The Defendant had H granted a total of KRW 59 million to Defendant A and I for solicitation.

The crime of this case may impair the people's trust in the fairness of law enforcement and the indicientness of the law enforcement and create a distorted perception.

Circumstances favorable to the defendant shall be as follows:

The Defendant recognizes all of the crimes of this case and reflects them.

arrow