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(영문) 광주지방법원 2018.06.14 2018노1138
변호사법위반
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s sentence (10 months of imprisonment, additional collection) is too unreasonable.

B. Defendant B (1) In collusion with Defendant A, the Defendant did not receive money and valuables from the J under the pretext of solicitation for a case handled by a public official in collusion with Defendant A.

Although the court below found the defendant guilty of facts charged, there is an error of law by misunderstanding facts and affecting the conclusion of the judgment.

(2) The sentence of the lower court (one month of imprisonment with prison labor, one additional collection) is too unreasonable.

B. The Prosecutor’s sentence against the Defendants in the lower court is too unhued and unreasonable.

2. Determination

A. Comprehensively taking account of the evidence submitted in the instant case, such as Defendant A’s statement at the investigative agency and the court of original instance, the statement at the investigative agency at the court of original instance, Defendant B’s investigative agency and part of the statement at the court of original instance, etc., Defendant B, in collusion with Defendant A, would receive money from the court under the pretext of solicitation by police officers, etc. who were investigating the criminal case at the court of original instance, as stated in the judgment of the court below, and Defendant A received KRW 61 million from the court of original instance, and Defendant B received KRW 7.5 million from the court of original instance, and Defendant B received money from Defendant A.

Therefore, it is legitimate that the court below found Defendant B guilty of the facts charged, and there is no illegality of mistake of facts as alleged by the Defendant.

Defendant’s assertion is without merit.

B. Determination of the Defendants and prosecutor’s unfair argument of sentencing (1) Defendant A’s following facts are disadvantageous to the Defendant.

The crime of this case receives money under the pretext that the defendant would give money to an investigative agency to handle a criminal case well by soliciting the defendant, and the crime of this case is very bad by significantly impairing the trust in the fairness of investigation and the purchase of public services.

The defendant B is guilty of the crime of this case.

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