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집행유예
(영문) 부산고등법원 2012.11.29.선고 2012노330 판결
가.감금치상·나.무고·다.상해·라.변호사법위반
Cases

2012No330 A. Injury resulting from confinement

(b) An accusation;

(c) Injury;

(d) Violation of the Attorney-at-Law Act;

Defendant

1.(a)(c) d. ○○, Attorney-at-law

Domicile, Busan Geum-gu

Reference domicile Busan So-gu

2.(d) the chief of the office of the largest ①0, or attorney-at-law.

Residence and Busan Shipping Daegu

【Special Metropolitan City, Gyeongnam-gun

3. Da. ○○ or Unauthorized (the chief of the office of all attorneys-at-law)

Residence and Busan Shipping Daegu

Busan Dong-gu, Busan

Appellant

Defendants and Prosecutor

Prosecutor

Lee Nam-seok, Lee Jin-soo, Lee Jin-soo, Lee Jin-soo, Lee Dong-Pung (Public trial)

Defense Counsel

1. Defendant Maximum ○○

Law Firm Cheongn Law, Attorneys Austrian, Thaik

In the case of an attorney-at-law in charge of LAWK, senior

Law Firm Professor, Lee Sung-hoon, Attorney Lee Jong-hoon

Attorney New Chang-soo

Attorney Park Jong-ok

Law Firm Cheong-sung, Law Firm Cheong-sung, Law Firm Lee Sang-hoon, Law Firm Lee Tae-hoon, Lee Tae-hwan,

Dr. Sick, Sick, Sick

Attorney Park Jong-dong

2. Defendant Choi-C

Attorneys Gin-do et al.

3. Defendant’s personal identificationO

Attorneys Gin-han (Korean National Assembly)

Judgment of the lower court

Busan District Court Decision 201Gohap846,2012Gohap290 decided June 12, 2012

Imposition of Judgment

November 29, 2012

Text

Of the judgment of the court below, the part on Defendant ○○○ is reversed.

Defendant ○○○ shall be punished by imprisonment for ten months.

except that the execution of the above sentence shall be suspended for two years from the date this judgment became final and conclusive.

10,000,000 won shall be additionally collected from Defendant ○○○○○.

Of the facts charged in the instant case against Defendant ○○, the point of injury on March 23, 2011 and the point of accusation with respect to Defendant ○○

each of the innocence;

Defendant 10, Defendant 10, Defendant 1’s appeal, Defendant 20, and Prosecutor’s appeal against Defendant 2, respectively.

section 3.

Reasons

1. Summary of grounds for appeal;

A. Defendant Maximum ○○

(1) misunderstanding of facts or misapprehension of legal principles

The court below erred by misapprehending the legal principles or by misapprehending the legal principles as follows, thereby affecting the conclusion of the judgment.

(A) In relation to the crime of violation of the Attorney-at-Law Act due to acceptance of money and valuables under the pretext of teaching system, KRW 10 million is not received as a teaching expense with a public official with an investigative agency, but paid a lawful attorney fee.

(B) In relation to the crime of bodily injury on March 23, 2011, the Defendant was written in order for the victim to meet the victim’s ○○ on the day or to take the victim to the bed hospital, but there is no fact that the Defendant inflicted bodily injury on the victim.

(C) In relation to the crime of injury on May 21, 201, the Defendant only attempted to see the victim who tried to be crypted out of the windows at the time, and did not inflict any injury on the victim.

(D) In relation to the crime of bodily injury resulting from confinement, the victim was trying to get the victim to get off on the dangerous road where vehicles at the time are in danger, and the defendant was prevented from driving the vehicle again with the consent of the victim, while the victim was driving the vehicle again under the consent of the victim, the victim was trying to stop his own kis by cutting off the vehicle and getting off the vehicle again, and there was no fact that the defendant committed the injury to the victim by assaulting the victim.

(E) In relation to the crime of false accusation, there is no fact that the defendant borrowed 200 million won in aggregate from the victim six times, so the transfer of the defendant's right to lease on a deposit basis (hereinafter "right to lease on a deposit basis of this case") to the victim cannot be a collateral for the above loan. The defendant's right to lease on a deposit basis (hereinafter "right to lease on a deposit basis of this case") cannot be a collateral for the above loan, and the defendant's right to carry out his Chinese business was not sold in 6.5 billion won, and the defendant's right to lease on a deposit basis (hereinafter "right to lease on a deposit of this case") was acquired from the victim, and the above construction company's representative director will take over the above construction company's own shares and take over the above construction company's own shares, so it does not constitute a punishment of the victim's right to lease on a deposit basis (hereinafter "right to lease on a deposit basis"), and it does not correspond to a punishment of the victim's fraud by deceiving the construction company's representative director.

(2) Unreasonable sentencing

In light of the various sentencing conditions of this case, the sentence (one hundred months of imprisonment) imposed by the court below against the defendant is too unreasonable.

B. Defendant 10, HyoO

In light of the various sentencing conditions in the instant case, the sentence imposed by the lower court on the said Defendants (the sentence imposed on each of the above Defendants, August of the year, and two years of suspended execution) is too unreasonable.

(c) Prosecutors;

In light of the various sentencing conditions in the instant case, the sentence imposed by the lower court against the Defendants is too uneasible and unfair.

2. Determination

A. Judgment on the misunderstanding of facts or misapprehension of legal principles by Defendant ○○○

(1) As to the violation of the Attorney-at-Law Act due to the receipt of money under the pretext of the teaching system

(A) According to the evidence duly admitted and investigated by the lower court, the following facts and circumstances are recognized.

1) On January 24, 201, 201, the victim, who was issued to the defendant on January 24, 201, from the investigative agency to the court of the court below, stated consistently that the amount of KRW 10 million, which was delivered to the defendant, is not a normal attorney-at-law fee, but a letter of money under the pretext of street funds. At that time, the victim, who was under the suspension of the execution of another criminal case, was in an internal relationship with another criminal case, has the motive or necessity to make up for the expenses to the investigative agency, and accordingly, requested

2) On January 24, 2011, the day the victim delivered the above 10 million won to the defendant, the last ○○○○, and the injured party recording a recording of the conversation (Evidence records 1883 pages, the victim's 10 million Won check is considered to have been recorded on January 24, 2011 in light of the conversation between the victim and the conversation between January 26, 201 and the conversation between January 26, 2011, the defendant's office chief ○○○○ (the police officer is the head of the police office) is replaced by the head of the investigation department of the Geumcheon Police Station, and the defendant and the last ○○○○ is resolving the victim's criminal case by talking about the victim's case to the Kim○ who is the head of the investigation department and resolving it.

-P. 10 : At this point, No. 1000, the head of the investigation department is correct.

It is necessary to say that the personnel movement on the Ethday is difficult, the Ethday, the Ethday, and the now changed.

- MaximumO DD: The change is made by the director of the division at present, the director of the Kim division at present, and the head of the Kim division at Amama, and the future investigation division.

The head of the Jin-ro Police Station Investigation Division of the Jin-Gu Police Station is in the same way, which is now changed in this sense.

In other words, today today, we see the internal currency of gold, and this situation is very important.

L. 10: The current chief of the investigation department is the Kim ○○, and this is the case.

- Victims: h. H. H., P. H.

-P. 10: This is a talking and talking with the chief of the investigation division, in any way;

in the manner of cryping for any cryp in any manner;

and investigation is conducted, and this is now on the same day, Kim ○-○ and interest.

c) equal; and

- Victims: Not a large line, a large line?

- Maximum 00: what formula it has drawn up, thus making it possible to reach an agreement. Heging.

Do not be shouldered, its r.e., its r.e., its r.b. r.s.

This is currently being processed.

Defendant: ○○, the second fora, the second fora.

- Maximum ①: The second is in a criminal6 team when considering the second. This is in a criminal6 team.

- Defendant: Not less than six teams, but 5 teams.

-Maximum ①0: 5 team input?

-victims: examples;

- Maximum (i.e., arsenat at 5 teams)

- Victims: Gambed -

-Maximum 00: ○○ Doz?

- Victims: examples;

- Lest 10: Park ○○ slope,

- Victims: examples;

- The defendant, as a result, an investigation at 2 p.m. on the day of demand for inside the day of Egyle in order to get out of this post.

section 2.

-Maximum (10): 10,000,000

- Defendant: response, and date of demand

-Maximum ①0: At 2th day of the demand day, this should be mixd with a story, whichever is more.

-P.(10): J. L. L. L. L. L. L. L.W. L.O. Doz.)

(cc)

- Victims: Excellent도요

Maximum (1) : any way of hing and hinging with any formula.

- Defendant: Do. Do. Mahy and mash.

-P. 10 : Having conducted research with a view to criminal guidance of investigative ditchs;

- Defendant : I would like to move immediately even after the fact that the two have increased, and thereafter I want to do so.

- ○○: I will know. I, in that end, I will see that I will do so in A.I.D. and will arrange for it.

It is also necessary to keep abrupted, to keep abrupted, so far as it is urgent to do so.

P 26th day of all, whether or not, the Doz. Doz. Doz. Doz. Doz. Doz.

Trypted.

-Defendants: have the dominant and dominant places;

-Maximum ①0: This shall be done at present before the head of the investigation division becomes existing.

- Victims: Dozine

-Maximum ①0: Doz. Doz. and with any formula us with a debate;

The only way to dye and dye as a method to dye and sye and sye?

- Victims: the victims.

- Defendant : Is changed?

- Victims: Examples?

- Defendant: Busan Bank of Korea

3) On April 28, 2011, the Defendant drafted a letter (Evidence No. 1, No. 323 pages) with the following content written by the victim, in writing:

In relation to the thief case of the victim, I check the character of the speech about the disposition of suspicion in LAW, through the criminal investigation and investigation of the relevant FAW, the head of the FAW and personal friendship and contact with the head of the FAW, but I agree with the law firm to call all responsibility for the dispatch of the indictment to the prosecution at the stage of the prosecution, and to mobilize the former defense method at the stage of the prosecution.

1. He shall be resolved by Park○-○ Attorney and the least ○○ Attorneys-at-law directly facing each other.

2. It shall be resolved by the chief prosecutor of this ○○ or red ○○.

3. He shall settle the expenses to the Prosecutor General of Busan and the Deputy Prosecutor General.

4. To settle the case by resorting to the public prosecutor of the third division of the criminal case applicable to the public prosecutor in charge.

In addition, from May 13, 201 to February 28, 2011, the defendant additionally prepared a statement that "the defendant promises to mobilize the defendant's armistice method, such as the defendant's will, history, and ability, so that the victim can be accused of suspicion at the prosecution stage" (Evidence No. 1, No. 321-322, No. 330 of the evidence record).

4) In relation to this part of the crime, the victim recorded conversations with the defendant, and the main contents of the defendant's oral statement are as follows (in light of the very specific contents, it seems that it was not simply a so-called "lip-mar service".

(A)the contents of dialogue;

○ The method of direct learning is different, as the case may be, depending on the case.

A public prosecutor in charge, a public prosecutor in charge, a chief public prosecutor, a chief public prosecutor, or a deputy chief public prosecutor shall be appointed.

(h) search for the nearest person. I find out who then approaches it in any way;

I. If necessary, the chief of the division or the chief of the division, even if he or she is the chief of the division.

1. Doha, 200 Doha, 200 Doha, 200 Doha, 200 Doha, 201

Ir. If you know, you will drink with the Deputy Prosecutor General, the Deputy Prosecutor General, the Deputy Prosecutor General, and drink boomed alcoholic beverages.

For this reason, 2°4-4 3661 of the evidence records / 100 / 100 / 100 / 100 / 10

(b) the term “finna” means “finna”

○, however, the name of the lawyer was also the chief judge, and the police test will be changed to her position.

(i) A special account, i.e. part thereof, i., a special account, i.e., a special account, i.e., a special account

It should not be called a food with boom(Evidence No. 2 - 4 3662).

○ ○○ Prosecutor now has a chief prosecutor, who is a prosecutor, will talk with him, as well as 2 books of evidence-4

3677.

○ Head Prosecutor may get out of Busan and take other measures (Evidence Nos. 2, 4-4, 3676).

As the director of the ○○○○ confirmed, it was so called that the director of the division was 'unfortunate'.

The L/Creh Dog Dog Dog Dog Dog Dog Dog Dog Dog Dog, L/Wing Dog Dog Dog

3679.

An investigation is conducted when the inside of ○ is faced with each other, .. data ... and .... ..............

B. I will talk about and conduct an investigation. Secondly, I will like to do so on the side of Seoul.

J. A chief prosecutor shall report to him, whether he is the head of Busan, or the vice chief, and not so.

In the third place, I would like to address the problem by reporting ○○ and making a talk with it.

Park ○○ makes it possible for the person to work. He/she shall be responsible for the prosecutor. He/she shall be in charge. Park ○-Ba's guidance.

In order to pay money to the public with the ‘satisfy’ value, whether the public has given the drinking value or not.’

As such, I cannot see that we cannot see the above, and I am son I am son I am fat.

I do not have to say that Doz. Doz. Doz. Doz. Doz. Doz. Doz. Doz. Doz. Gaz. Doz.

○○이가 담당, 부산지검에는 자기가 1~2년 공을 많이 들여놨잖아(증거기록 2권

-4 3681 to 3682

○ ○ Police Dob Dob Dob Dob and Dob Dob Dob Dob Dob Dob Dob Dob Dob Dob

L. 1. L. 1. L. L. L. L. L. L.W. L. L. L.W. L.W.

Merely, the police has continued to be done, and the internal test and the internal test are also done so.

(1) The police are only 100,000 won, 200,000 won, and 100,000 won.

b. Dob, whether you will or not, charge the cost of alcoholic beverage, so that the decision to pay a considerable amount of cost is reasonable.

(Evidence Records - 4 - 3683- 3684).

○ The head of ○ and talk, and the prosecutor in charge was to keep the prosecutor in charge, so ○○, therefore ? ? ? ?

At present, he shall be held responsible until completion. The internal expenses shall be reduced to all times, ....

In doing so, it is necessary to process evidence records (Evidence 2 – 4 3687 pages).

00 000 000 000 000 000 000 000 000 000

and with the chief prosecutor, but the chief prosecutor has to carry out the special name with the prosecutor in charge, and the special name;

B. (2 copies of evidence -4 3701 pages)

○○ ○○, this case’s well-treated handling will have a telephone call or in the future.

There are two methods, i.e., e., internal truth, and heading.

There is a method of litigation, and the other is a method of giving china dyna dyna dyna dyna d'

. I would like to consider the methodology of guidance. I would like to get off and examine the land at the end of the week as the land is directly written.

Mana’s explanation, other than an explanation, Mana’s Mana’s Mana’s Mana’s Mana’s Duna-43710--

3711).

B) There is some difference between the defendant and the injured party’s assertion as to when the above dialogue was accurately made (the victim’s argument that the first, second, prior to delivery of KRW 10 million), and the content alone is true that it is difficult to clearly specify the time. However, even if the above dialogue was made after January 24, 201, when the amount of KRW 10 million was received as alleged by the defendant, it cannot be said that the above amount of KRW 10 million was a normal appointment fee not for the street funds of the investigative agency, rather than for the street funds of the investigative agency. This is because, if a normal appointment process was completed, it would naturally appear that the process would have been implemented as a result of the subsequent discussion, but such a process would not appear in the record, and in light of the contents of the above dialogue, etc., a series of discussions with the defendant and the investigative agency related to the victim was naturally discussed.

5) Examining the Defendant’s entry into the accounting books prepared by an employee Kim ○○ as a representative attorney-at-law in full, it can be known that the Defendant’s entry into the account books, such as “passing money after the name of the external mineer,” etc. However, the entry into the account books on January 24, 201 relating to the money at issue in this case is merely an entry into the name of the client “deposit without the client’s name” (Evidence 3, 217 pages), and it is difficult to conclude that the entry into the account books was written later.

(B) Article 110 subparagraph 1 of the Attorney-at-Law Act provides that "an attorney-at-law has received or attempted to receive money, goods, or other benefits under the pretext of offering them to or associating with a judge, prosecutor, or any other public official of a trial investigation agency." Considering that an attorney-at-law is in a position of performing his duties independently and freely as a legal professional with public nature (Article 2 of the Attorney-at-law Act). The term "interception" in the above penal provision means that an attorney-at-law directly or indirectly contacts with a public official in a way that it is difficult to regard it as a normal activity as a legal professional with public nature such as private relationship or relationship with others as not only contact or entertainment, but also private relationship. Whether the money, goods, etc. received by an attorney-at-law constitutes a person as a teacher, not a price or remuneration for legitimate defense activities, shall be determined by fully considering the details and amount of the relevant money, etc., whether an attorney-at-law has been submitted, specific activities, and other circumstances related to the defendant and the victim.

In this case, although it was not clearly revealed through an investigation as to whether the defendant actually went to a guard for the persons in charge of investigation agency, this part of the violation of the Attorney-at-Law Act is sufficient to receive money under the pretext of the school, and it does not require that the defendant will go to a non-act such as the teaching system with the public officials of investigation agency. Thus, the above circumstance does not affect the establishment of the violation of the Attorney-at-Law Act.

(C) Therefore, the defendant's ground of appeal on this part is without merit.

(2) As to the injury inflicted on March 23, 201

(A) According to the evidence duly admitted and investigated by the lower court, the following facts and circumstances are recognized.

1) According to the Defendant’s monetary records and the Defendant’s statements, etc., the Defendant: around March 23, 201 when driving his/her own vehicle and withdrawing around 1423-8, 201, around 21:51, around 21:51, at around 21:51, the Defendant sent the victim at the Hando-dong, Busan, Busan, the Busan, the Do-dong, the Busan, the Do-dong, the Busan, the Do-dong, the Do-dong, the Do-dong, the Do-dong, the Do-dong, Busan, the Do-dong, the Do-dong, the Do-dong, the Do-dong, the Do-dong, the Do-dong, the Do-dong, the Do-dong, the Do-dong, the Do-dong, the Do-dong, the Do-dong, the Do-dong, and the Do-dong, the Do-dong, the 216:51.

On the other hand, 25 minutes are sufficient to move from the Han Tdo to the fixed hospital, and the victim made a statement that he/she had pagabonds with the defendant at least 20 minutes prior to the Han Telecommunication (see the protocol of examination of the witness about the witness ○○ in the fourth trial records of the original trial). In light of the moving route of the defendant, the time at which the defendant is located, the time at which the defendant is located, and the time when the victim's vagabonds are lost, it is time and physical enough for the defendant to assault the victim at around 21:30 on the same day.

2) The victim was given medical treatment at Han-do to a bed hospital with the Defendant, on the part of the Defendant, who was on the part of the Defendant, who was on the part of the Defendant, and was accommodated in the agricultural trial hotel with the Defendant. If the Defendant assaulted the victim before Han-do, it is difficult to understand that the victim was receiving medical treatment at the bed hospital with the Defendant, where the victim was on the part of the Defendant, who was on the part of the Defendant, who was on the part of the Defendant, after the Defendant’s assault, and was on the part of the Defendant and the agricultural trial hotel.

3) According to the records of cell phone text messages sent and received by the Defendant and the victim, on March 24, 2011, the following day following the crime, the Defendant sent each text message of the following contents: Nibibi (10:01), 'Obibi (10:01), 'bibibien (10:06), 'bibibien' (10:06), 'biben' (Evidence record 1, 224)' (i.e., from the time of the death of the Defendant and the victim, her cell phone text messages were sent to the victim on March 23, 201, and on March 24, 2011. In light of the fact that each of the above text messages sent to the Defendant and the victim on March 24, 2011, each of the instant text messages was sent to the victim on the hotel with the Defendant and the victim on the same day.

(B) Comprehensively taking account of the above facts and circumstances, the victim’s statement that corresponds to the facts charged on March 23, 201, when the defendant inflicted an injury on the injured party on or around March 21, 201, which corresponds to this part of the facts charged, is difficult to believe, and there is no other evidence to find this part of the facts charged without reasonable doubt. If so, this part of the facts charged constitutes a case where there is no proof of a crime, and thus, the court below recognized this part of the facts charged as a crime under the latter part of Article 325 of the Criminal Procedure Act. Thus, the court below erred in the misapprehension of facts, which affected the conclusion of the judgment, and the defendant’s ground of appeal pointing this out is with merit.

(3) As to the injury inflicted on May 21, 201

(A) According to the evidence duly admitted and investigated by the lower court, the following facts and circumstances are recognized.

1) 피해자는 수사기관 이래 원심 법정에 이르기까지 2011. 5. 21. 피고인의 여 자 문제로 피고인과 다투던 중 피고인이 자신에게 상해를 가하였다고 일관되게 진술하 고 있다. 다만, 그 경위에 관하여 2011. 9. 15. 자 진술서에서는 "피고인이 팔을 당기고 비틀며, 자신의 무릎으로 피해자의 무릎을 누르고, 피해자가 달아나려 하자 밀쳐서 바 닥에 머리를 찧게 하였다(증거기록 2권-1 438면)" 고 진술하였다가, 그 후 검찰조사에서 는 "피고인이 피해자의 팔을 잡아 당겨서 비틀고, 주먹으로 피해자의 머리를 쳤다(증거 기록 2권-1 679면)" 고 진술하여 약간의 차이가 있으나, 이 때문에 피해자 진술의 신빙 성 자체를 부정할 것은 아니라고 보인다.

2) On the day of the victim’s damage, the victim was diagnosed by the members of the OOOO as “dual coordinates, excellent parts, and complete salt parts” for about 14 days, and the cause of the injury at the time was based on 'Gutata' (Evidence Record 2 rights-1516 pages), and the above victim’s upper part and degree correspond to the above statement about the details of the victim’s damage.

In this regard, the 10000 Won Kim Do-won stated that "the victim visited the mixed hospital on May 21, 201, 201, and the victim was tightly sealed with the argue at the time and faced with the head while the victim was faced with the elbow from the right hand to the right elbow, and the head was broken." The statement that "the rear side of the head in the treatment argue is a little boom and there was a pain and a elbow up to the elbow in the hand (Evidence 2 -2, 1329-130 pages)" also supports the victim's statement (Evidence 2 rights-2, 1329-130 pages).

3) As of May 29, 2011, the Defendant prepared and delivered to the victim a reflective written statement (a certificate No. 1 & No. 259 pages) of the following contents, which included the fact that the Defendant inflicted an injury upon the victim by assaulting the victim at the time of the instant injury.

[1] On May 201, 201, 201. 5. 20. 1) The injury equivalent to 2 weeks prior to the fact that ○○○ was the head who caused the problem with respect to the unexpected female problem, but rather rather caused the injury corresponding to 2 weeks to ○○ by extreme speech and violence, and sexual behavior, it is against the depth that ○○ was committed by her wife more and more, and even before her, it is well-known to compensate for liability until ○○○’s mind by attending the meeting with respect to any work causing mental, psychological, physical, and physical wifes. . ... .. .. .. .. ○ sought a letter to ○○.”

4) While the victim was at the Defendant’s home with regard to the details of damage, the victim became aware of the fact that the Defendant was in contact with another female, and subsequently, he/she argued that he/she was injured by the Defendant during that process.

However, on May 21, 2011, the Defendant: (a) helps the victim love only ○○, and (b) had sexual relations with ○○○○○, and (c) Doctrine written waivers of the body and written waivers of the property to the O, i.e., transferring all of the property at the time of the occurrence of the injury; and (b) Doctrine and deliver each written waivers of the property qualification to the O; (c) Doctrine was written on the date of the injury incident; and (d) Doctrine was written on the date of the injury incident, it is consistent with the statement of the victim that there was a dispute between the Defendant

5) In relation to this part of the crime, the Defendant: (a) prevented the victim from committing suicide, such as holding a bend window and trying to get out of the bend; and (b) infringed the victim; and (c) asserts that, after diving, the victim was faced with her hair and her arms with her head and her arms.

However, the defendant's above argument on the background of the occurrence of the injury is that the victim was issued a medical certificate of injury to the hospital immediately on May 21, 201, the victim stated that he suffered the injury from the "Guta" at the time, the victim stated that he suffered the injury from the "Guta", the side of the injury (in particular, the back of the head) and the face of the injury, and the defendant made an anti-influence against the victim's injury on May 21, 2011, it shall be difficult to obtain it (the defendant was issued as if the victim was the victim's self-injury with the victim's mother, but the defendant was in an internal relationship with the defendant at the time, and the defendant was unable to find the above medical certificate of diagnosis in light of the fact that there was no other obvious motive for the defendant to receive the above medical certificate of injury until the defendant filed a criminal charge of fraud, etc. on July 11, 2011.)

(B) Comprehensively taking account of the above facts and circumstances, the fact that the Defendant inflicted an injury on the victim on May 21, 201 can be sufficiently recognized. Accordingly, the Defendant’s allegation in this part of the grounds for appeal is without merit.

(4) As to the bodily injury caused by confinement

(A) According to the evidence duly admitted and investigated by the lower court, the following facts or circumstances are recognized.

1) On July 11, 201, the victim stated that on July 11, 201, the defendant was detained by the investigative agency, such as prohibiting the victim from getting out of the train, and that the victim suffered injury as a result of the victim’s use of violence within the train.

2) On the day of committing the crime, the victim was diagnosed as having been placed in the Feti City Hospital as soon as possible that it is necessary to receive treatment for about 21 days under the name of disease, such as salvinum, salvinum, salvinal coordinate, and salvinum, etc., and stated to the doctor at the time that the victim was sexually affected by the cause of the injury. The victim was hospitalized from July 11, 201 to the day of this next shop (Evidence No. 138, 261 of evidence record), and the above heading and degree of the above heading correspond to the above statement as to the details of the damage inflicted by the victim.

In addition, the victim taken the clothes, etc. put into custody at the upper part of the above enzye hospital. The victim’s upper part of the photograph is flicking on the left side, the upper part of the body of the victim, knee, knee, fel, and the upper part of the body of the body of the body and the body of the body, and the upper part of the body of the shoulder and the body of the body of the body, which is flick, flick, and flick, flick, and so on. In addition, the victim’s upper part of the body of the victim’s body and the body of the body of the body, as argued by the defendant, cannot be deemed to be just the upper part of the body of the victim. Moreover, the victim’s upper part of the body of the body of the body and the body of the body of the body of the body of the victim, and the victim’s upper part of the body of the victim’s body of the body of the victim, supported the victim’s statement.

3) The above bodily injury case was brought to the police by each report of witness ○○ and ○○○○. At the court of the court below, ○○○ was a witness, and she was driven around about five minutes after the Defendant’s vehicle at the time, and the front door of the Defendant’s vehicle was shut down several times during the driving of the vehicle at the time. The front door of the Defendant’s vehicle was active, and the victim’s bridge was turned out outside of the vehicle. At the time, the victim was able to prevent the Defendant from getting out of the vehicle, and the victim was able to look at the victim’s secret. The victim was reported to the police after leaving the vehicle in front of the Defendant’s front door, and the victim was able to close the front door of the vehicle without any resistance, and the victim was able to look at the front door of the Defendant’s front door of the vehicle at the time of opening the vehicle after leaving the front door of the vehicle at the time of stopping.

In light of each of the above statements, at the time until the e-mail road in front of the above e-mail, there was a ditch between the defendant and the victim, and the victim demanded to close the front door of the vehicle in front. The victim was able to know that the victim had prevented the victim from getting off the vehicle while exercising the force of force.

4) On the other hand, the Defendant continued to demand the victim to get off the apartment road up to about five minutes on the front side of the apartment house in Busan, Busan, Daegu, Daegu, Daegu, the Defendant continued to use the apartment road. However, at the time, the Defendant’s vehicle was in one lane, and the Defendant’s vehicle was in the second and third lanes, and the victim’s neck was unable to get off the vehicle due to intentional danger. 2) Thereafter, while driving the vehicle again while driving the vehicle, the Defendant was driving the victim’s neck by selling any dangerous behavior, such as getting off the vehicle while driving the vehicle again, and trying to get off the vehicle and open a door, and trying to get out from the vehicle. The victim was unable to get off the vehicle through 10 to 34 minutes, 10 to 10 if the victim had no opportunity to get out of 10 to 360 minutes, 10 to 364 minutes if the victim had no opportunity to get out of the vehicle.

However, if the defendant at the time tried to get off the victim in order at the time when the victim was asked by the victim's request, it seems that the victim would not attempt to get off the victim at the risk of danger, and that the defendant would not attempt to get out of the vehicle in the above manner. The defendant argued that the victim attempted to escape in order to escape from punishment upon the occurrence of the victim's criminal act. However, even if the victim was asked by the police after being asked by the police, it is difficult to view that the victim attempted to respond to the demand of the victim that the victim would get out of the vehicle even according to the defendant's statement. Even if the victim was tried to get out of the police station, it is difficult to view that the victim was replaced in the vehicle and the victim was attempted to get out of the police station, such as the victim's assertion, and even if the victim was attempted to get out of the police station, it cannot be viewed that the above act of the defendant was legitimate and constitutes a crime of confinement).

(B) Comprehensively taking account of the above facts and circumstances, the Defendant continued to see that he had been on July 11, 201, the Defendant got off the said vehicle from the front line to the front line of the said vehicle by the time on which he had been placed in front of the said vehicle by the time when he had been placed in the front line to the front line of the road located in the city where he had been on the 702 dong-dong-dong apartment, and had been on the front line of the said vehicle from the road where he had been on board the victim on his own, and had been on the front line of the said vehicle by the time when he had been on the road where he had been placed in front of the said vehicle. The Defendant was unable to get off the victim from the said vehicle at the time when he had been placed in the front line of the said vehicle at the time of the said time when he had been on the front line to the said eth of the said vehicle by the time when he had been on the front line to the said eth of the road.

Therefore, the defendant's ground of appeal on this part is without merit.

(5) As to appeal

(A) As to this part of the facts charged, the court below acknowledged the fact that the defendant borrowed a sum of KRW 200 million from the victim to April 26, 2011, based on the reasons stated in its reasoning, and added to the circumstances stated in its reasoning, the defendant's transfer of the right to lease on a deposit basis of this case to the victim was voluntarily made as a security for the loan amount of KRW 200 million, and it is difficult to view that the defendant was obtained the right to lease on a deposit basis due to the victim's deception, and it is also recognized that the defendant's transfer of the right to lease on a deposit basis of this case to the victim was voluntarily donated to the victim, and it is difficult to view that the defendant obtained the right to lease on a deposit basis due to the victim's deception, and all of the facts charged are guilty.

(B) However, we cannot accept the above judgment of the court below.

1) As acknowledged by the lower court, even if the Defendant borrowed a sum of KRW 200 million from the victim to April 26, 2011, on a six-time basis from April 7, 2011, and was liable for KRW 200 million against the victim at the time of the transfer of the instant chonsegwon to the victim, it is difficult to recognize that the Defendant transferred the instant chonsegwon to the victim the victim with the obligation of KRW 200 million as security for the obligation of borrowing KRW 200 million against the victim, and there is no other evidence to acknowledge it, except the victim’s statement that is difficult to believe in the same reason.

A) The letter of “Agreement and Written Consent (Evidence No. 2-1, 571-57 of the Evidence No. 2)” prepared by the Defendant before transferring the right to lease on a deposit basis before the Defendant transferred the right to lease on a deposit basis to the victim, stating that the deposit money in this case was mutually designated as a guarantee object for the Defendant’s borrowing of money. However, according to the letter of consent (Agreement No. 1) signed by the Defendant on May 13, 2011, “the amount of chonsegwon No. 200 million won transferred by the Defendant to the victim on April 27, 2011, which was written by the Defendant before the Defendant transferred the right to lease on a deposit basis with the victim, is transferred to the victim without any condition of mental and psychological pain and shock relationship with another woman prior to his living together, which is irrelevant to the right to lease on a deposit basis or the right to lease on a deposit basis and the right to lease on a deposit basis with the victim on a deposit basis, which is irrelevant to KRW 250 million or 2500 million.

B) In addition, the Defendant and the victim have accumulated the following contents (Evidence 2-3, 2603-2607 of the evidence record), and even so, the victim demanded that 200 million won, which was leased from the Defendant, be repaid to the Defendant regardless of the transfer of the right to lease on a deposit basis, and the victim himself/herself does not have been paid the above 200 million won of the right to lease on a deposit basis.

-victims: Impare or internal accounts have been set aside as project costs, but at least 20 million won again;

To this end, the amount shall be repaid on its face. The first installment shall be paid upon entry into Hong Kong.

-Defendants: They should see that we can think about whether you are about 200 million won or not.

It will be 200 million won if the party is 200 million won. It will be clearly repaid, which will be done.

- Victims: the sum of interest?

-Defendants: Written response?

- Victims: franchises?

- Defendant: Response.

- Victims: I am am kys kys kys kys kys ?

- Defendant: Respondents and the head of the political party for the first time.

-victims: Blann vagabonds under the name of the same family?

- Defendant: Response.

- Victims: The victim shall do so without a house, which has already been done in the future.

-Defendants: there is no response, response, or special character; at any time?

-victims: to pay full amounts of KRW 200 million lent to him/her without his/her superior?

-Defendants: compliance with the Defendant and correspondences, one of the most.

- Victims: from the answer, and accurate.

- Defendant : He known h. He would have to do so. He would have to do so.

-victims: the sum of interest?

-Defendants: I will respond to. I will make it possible to go further, and it will be better to open.

(c) all others;

- 피해자 : 오픈 할 수 없다, 현재는 나는, 당신을 뭘 믿고.

-victims: YYYYYYYYYYYY: Written, Had Had, by means of money in China, for the first time, if any

First of all, I shall repay the debt 200 millions?

-Defendants: was known, and a group of communications;

- A victim: interest, together with interest, and complete payment from the victim?

-Defendants: was known and thereafter.

2) In addition, in light of the following Defendant’s statement or statement of ○○ and ○○○○, which supported it, there is room to view that the victim, as the Defendant filed a complaint against the victim, had the Defendant taken over the construction company with a view to having the Defendant take over the shares of 6.5 billion won in the Chinese apartment business, and had the Defendant take over the shares of 6.5 billion won, and had the Defendant become the representative director, it cannot be readily concluded that the above accusation by the Defendant was false. In addition, there is no evidence to support that the Defendant had taken the above deception from the victim, except the victim’s statement that is difficult to believe, it is false that the Defendant was subject to such deception.

A) In relation to this part of the prosecution, the Defendant made the following statements.

At the end of June 2010, the Defendant met the victim with respect to the amount of the oral criminal case agreement of his client, and developed the victim into an internal relationship with the victim. On the other hand, the victim was spawn of his own father and son, and the victim was swn of her father and son.

On February 2, 2011, the victim expressed that the fact that ○○, a political party, was the Minister for the Special Management of this Section ○○, was the victim, and that ○○, a political party, was aware of the relationship between the Defendant and the victim while having been aware of the relationship between the Defendant and the victim, but consented to the relationship between the Defendant and the victim according to the agreement with the victim. On the other hand, the victim showed a photograph, etc. that could confise the relationship between ○○ and the victim and the victim, while trying to identify this ○○’s ○○’s dynamic line through the currency form with this ○○ and the assistant, and informed this information about the relationship between this ○○ and several political parties.

Around March 2011, the Defendant believed that the Defendant would sell the Defendant’s apartment business shares in China to KRW 5 billion (6.5 billion during the period), where the Defendant had been faced with the crisis of the domestic executor’s bankruptcy, etc. with Lee○○ and its neighboring political connection, she believed that the Defendant would sell the Defendant’s apartment business shares in KRW 5 billion (6.5 billion during the period).

Therefore, from March 201, the Defendant prepared a letter of commitment to the victim from around 2011 to the victim's request. From April 27, 2011, the victim acquired the construction of Hancheon apartment 1203, and presented a detailed schedule for the relocation of the head office office office office and the opening of the business, and presented a way to pay the acquisition fund to the Defendant. On the other hand, as to the method of establishing the financial holding company with the shares in the Chinese apartment business, etc. to be received later as the proceeds from the sale of the shares in the Chinese apartment business, the Defendant was given the advice of Song○, an investment advisory officer, as well as the victim. Accordingly, the Defendant prepared a notarial deed, a written waiver of body, etc. to attract the victim. On April 27, 2011, the Defendant transferred the right to lease on a deposit basis of this case established in the name of the Defendant in the name of the victim, and transferred the right to lease on a deposit basis of this case around 2011.

However, on July 11, 201, the defendant extended or changed the scheduled place or schedule of construction work due to the situation of the victim, and did not sell the shares of the Chinese apartment project. The defendant demanded that ○○○○○, the wife of this ○○○, brought about the vehicle operated by ○○, which was prepared by ○○, to rescue the vehicle. On the other hand, the defendant started to have a suspicion of the victim due to the fact that ○○○ brought money to the defendant's money. On July 11, 201, the defendant's 702 head office of the defendant's house, which was prepared by ○○○○, submitted the above 6th office of the defendant's house to the effect that ○○, who was aware of the fact that ○○○, brought about the defendant's 6th office of the defendant's house to the effect that the defendant was aware of the fact that ○○ had the victim's share in his house and had the defendant's share in the vehicle under his possession by using the police station.

나) 2003년경부터 피고인과 내연관계를 유지하면서 피고인을 자주 만나고 있던 의사 윤○○는 "2011. 3. 중순 23:00경 피고인과 함께 영화를 보고 있던 중 피해 자로부터 발신제한표시로 자신의 휴대전화로 전화가 와서 옆 사람(피고인)을 바꾸라고 하였으나 피고인이 전화를 받지 않았다. 영화가 끝난 후 확인해 보니 피고인에게도 부 재중 전화가 와 있었는데 그 번호는 02-2100-■■■■였으며, 그 전화번호로 전화를 하였더니 받지 않아서 그 전화번호를 저장해 두었다. 그 후 피해자가 '나는 당신이 한 국에서 의사를 못하게 의사면허를 취소시킬 수도 있고 세무조사를 받게 할 수도 있다. 한국에서 못살게 하겠다.'는 등 나를 협박하였는데, 그 협박전화를 받고 나서 이전에 저장해 두었던 전화번호로 전화를 하였더니 특임장관실이라고 하였다. 위와 같이 영화 를 본 약 10일 후 피고인을 만났는데 피고인은 '그 여자(피해자 ) 는 자기의 의뢰인이고 국회의원의 내연녀로 자식 1명이 있고, 국회의원을 통해서 많은 재산을 축적하고 있고, 집이 여러 채가 있으며, 국회의원 본처가 재산을 빼앗으려고 와서 괴롭히기 때문에 재 산을 다른데로 빼돌리는 일에 대하여 나에게 도움을 청한다.'고 말하였다. 2011. 6. 초 순경 피해자를 만났는데 피해자와의 대화에서 피해자가 정치인과 관련되어 있는 것을 인정하였다. 피고인은 피해자로부터 모든 행동을 제약받고 전화도 도청되고 있다고 하 면서 조카 송○○의 휴대폰으로 문자를 보내기도 하였고, 나에게 '국정원이나 기타 사 람들이 나(피고인)를 도청하고 따라다니기 때문에 너도 위험할 수 있으니까 혼자 다니 지 말고 반드시 언니와 다녀라.'고 하였으며, 저를 만나기 위해 집으로 올 때도 검은 트레이닝복을 입고 모자를 쓰고 자전거를 탄채 골목골목으로 오면서 미행을 따돌리고 와서 제 아파트 인터폰으로 아파트 앞으로 나오라고 했다. 피고인으로부터 들은 이야 기에 의하면 피해자가 이○○에게 피고인의 중국사업 지분을 매각해 주라고 말했고, 이○○가 다른 국회의원에게 지시를 해서 그 일을 전담하도록 시켰으며, 그 국회의원 이 현대건설에 피고인의 중국사업 지분을 매각시켜 주기로 했다고 말했다. 중국사업 지분을 매각하면 65억 원 정도가 나오는데 거기서 30억 원을 나에게 주겠다고 하였다 " 고 진술하고 있다(증거기록 2권-4 3603~3609면). 그리고 전화가입자 정보요청 회신 및 통화내역 조회에 의하면 위 전화번호는 특임장관실 전화번호가 맞고 피고인과 윤○○ 의 휴대폰으로부터 위 번호로의 발신내역도 윤○○의 진술과 일치한다 .

C) On April 6, 2011, SongO, having experience in working for an investment securities company, discussed three times with the Defendant, the victim, and the Defendant and the victim about the investment advisory company, the start-up business investment company, the asset management company, etc. at the time, and at the time, the Defendant collected the amount invested in China around May 201, and the amount of the investment would be KRW 5 billion if the amount is recovered. If the Defendant jointly made a contribution, the amount of the investment would be changed to the place where the said money would be invested. The SongO prepared the start-up business plan (Evidence 2: 295-1297 pages, 1302 pages).

3) Comprehensively taking account of the facts and circumstances as seen above, it is difficult to view that the transfer of the right to lease on a deposit basis of this case was made voluntarily under the name of the defendant's security for lending KRW 200 million against the victim as the judgment of the court below. Rather, it is difficult to view that the defendant trusted the victim's expression, such as "the defendant would sell the defendant's share in the apartment project operator in China to KRW 6.5 billion and transfer the shares to the defendant and make the representative director of the above construction company to transfer the shares to the defendant," and even written a disposal document with the content of the defendant's obligation at the victim's request, or even written a written waiver of his body, in the expectation that the sale of the shares in the Chinese apartment project operator in this case would cause money to the defendant's demand. Thus, the transfer of the right to lease on a deposit basis of this case was made under the expectation that it would be possible to receive the proceeds from the sale of the shares in the Chinese apartment project by the victim's above deception, and it is difficult to conclude that this part of the defendant's complaint was false or false.

4) In addition, the Defendant placed two parts of a literature on May 29, 201 to the effect that he gave the above sculptures, etc. to the victim loved by the Defendant as a gift. In this regard, on May 29, 2011, a record of a conversation between the Defendant and the victim (Evidence Nos. 2-2, 1465-14, No. 1471, No. 1471, the evidence record No. 2-2, No. 1465-1, No. 1471) that he/she granted, without any condition, any condition, such a record of a conversation between the Defendant and the victim (Evidence No. 2-2, No. 2, No. 1465-1, No. 1471). However, if the victim deceptions the Defendant, the Defendant’s act of transferring the above sculptures was committed in relation to the victim’s expectation that he/she would promptly receive the proceeds from the sale of shares in the Chinese apartment business. Therefore, it is difficult to conclude that

(C) If so, the court below found the defendant guilty of this part of the facts charged, although this part of the facts charged constitutes a case where there is no proof of crime, and thus, it should be pronounced not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act. The judgment of the court below is erroneous in the misunderstanding of facts, which affected the conclusion of the judgment,

B. Determination on Defendant 1’s maximum 00, Defendant 10, Defendant 10, and Prosecutor’s assertion of unfair sentencing on new ○○

The Defendants’ crime of this case goes against the intent of the Attorney-at-Law Act to block various corruption and assistance arising in the process of arranging the case. As such, the citizens would pay a high amount of commission to the attorney-at-law, which leads to the judicial incompetence of the people. As such, the possibility of criticism is not low, the Defendants’ act of sentencing unfavorable to the Defendants, and the Defendants’ act of confession and reflects against each of their own crimes, such as the fact that the Defendants did not have the same kind of criminal power, and the fact that the Defendants did not have the same kind of criminal power, etc., in full view of the sentencing factors favorable to the Defendants, as well as other sentencing conditions shown in the argument of this case, including the Defendants’ criminal power, age, character and conduct, environment, etc., the lower court determined that the sentence imposed on the Defendants is appropriate, and it is not recognized that the Defendants are too heavy or uncompet.

Therefore, the Defendants’ assertion of unfair sentencing and the prosecutor’s assertion of unfair sentencing are without merit.

3. Conclusion

Therefore, Defendant ○○○’s appeal on grounds of unfair sentencing and without examining Defendant ○○○○○’s allegation of unfair sentencing on Defendant ○○○○○○ by the public prosecutor’s last resort, the lower judgment is reversed under Article 364(6) of the Criminal Procedure Act, and the judgment is again rendered following the pleadings. Defendant 10, Defendant 10, Defendant 20, and the public prosecutor’s appeal on Defendant ○○○ is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that the appeal by the public

Criminal facts

1. Violation of the Attorney-at-Law Act;

A. Violation of the Attorney-at-Law Act due to acceptance of money or valuables under the pretext of teaching system

On January 24, 2011, the Defendant received 10 million won from the victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's request to help the police process well of larceny cases, etc. which were under investigation at the time. The victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's complaint. The victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim'

B. Violation of the Attorney-at-Law Act due to receipt of money for good offices

No attorney-at-law shall provide or promise to provide money, valuables, entertainment or other benefits in return for the introduction, referral, or inducement with respect to the acceptance of legal cases or legal affairs.

Nevertheless, around October 14, 2010, the Defendant introduced a criminal case of Kim Jong-tae from his office and accepted the case at his office on the same day, and deposited KRW 7 million with the commission fee of the case on the same day. On the 15th day of the same month, the Defendant paid KRW 1.4 million to new ○○ in return for arranging the number of the case. From that time to June 2, 2011, the Defendant was provided 69,896,826 won in return for arranging the number of legal cases and legal affairs from eight office managers to June 2, 201 as shown in the attached list of crimes.

2. Injury;

On May 21, 2011, the Defendant: (a) around 1049, at one’s house located in the Geum-gu, Busan, Busan, and (b) around 1049, the Defendant saw that a female-speaked relationship continues to exist, and (c) led the victim who was demanded to do so, and led the victim to the bed room, and (d) caused the victim’s arms by cutting off the victim’s arms and cutting off the victim’s arms, and faced with their hairs on the floor, thereby requiring approximately two weeks of medical treatment.

3. Illegal confinement.

Around 1:00 on July 11, 201, the Defendant: (a) around 700, the Defendant: (b) got the victim from the above vehicle in the vicinity of the Geumdong-gu, Sindong-gu, Busan; (c) got the victim on his/her own, and (d) demanded the victim to get out of the above vehicle on the front road of the Sindong-gu, Busan, the Busan, the Busan, the Busan, the ebbbbbbro, where he/she was using the urban highway; and (d) demanded the victim to get out of the above vehicle at around the time; and (e) caused the victim to get out of the vehicle due to a defect, such as cutting off the neck of the victim’s neck, and continuously going through the signal at a one-lane road in front of the above Han River-gu, the Defendant tried to get out of the road in order to get out of the road in his/her own possession, and tried to get out of the road in his/her own jurisdiction to get out of the vehicle.

1. Defendant ○○○’s partial statement in the original judgment

1. Legal statement of ○○○○ of the witness of the court below

1. Each legal statement of the witness ○○○ and 000 in the original judgment;

1. A copy of the suspect interrogation protocol prepared by the prosecution on December 15, 201 against Defendant ○○○○, and on December 23, 2011

Prosecutor's Examination Record

1. Examination protocol of the suspect about ○○○ by the prosecution;

1. Each of the suspect interrogation records (a substitute) of the prosecution Nos. 4, 5, and six times against the defendant ○○;

Part of Statement

1. First written statement concerning ○○○○;

1. Each prosecutor’s protocol on the head of ○○, Kim○, Kim○, Kim○, Lee○, Lee○, Lee ○○, Hu○○, and Go○○, and each prosecutor’s protocol on the prosecution’s protocol on Kim○;

1. Each injury diagnosis letter (Evidence Nos. 138, 257), a photo of the upper part of the ○○ upper part of the photo (Evidence No. 1, 321, 323, 330), a tape-record No. 1. Each tape-record (Evidence No. 2, 2, 361, 362, 367, 367, 367, 3679, 3679;

3681 to 3682, 3683 to 3684, 3687, 3701, 3710 to 3711, 3731), 1. Mashing clothes and destroyed string photographs

1. Case statistics and incentives payment certificates of office chiefs, daily books and records prepared directly by high-○○○;

A copy of the office's accounting records, each of which shall be accepted, the details of payment of brokerage fees for the case of the ○○ Attorney-at-law office

Details of the receipt of commission for the case, the operation of the office of LAW, and the payment details of the office of the law firm;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 110 subparagraph 1 of the Attorney-at-Law Act (the receipt of money under the pretext of school, the choice of imprisonment), each of the Attorney-at-Law Act

Article 109 Subparag. 2 and Article 34(2) of the Criminal Act (the delivery of money and valuables for each good offices, the choice of imprisonment and the enactment of the Criminal Act);

Article 257(1)(the point of injury, the choice of imprisonment), Articles 281(1) and 276(1)(the injury caused by confinement) of the Criminal Act

point)

1. Aggravation for concurrent crimes;

The provisions of the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the crime of causing bodily injury resulting from the severe punishment)

(Aggravated Punishment for Concurrent Crimes)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (Article 55(1)3 of the Criminal Act) (Article 53 and 55(1)3

Article 62(1) of the Criminal Act (The following consideration of favorable circumstances among the reasons for sentencing):

1. Collection;

Article 116 of the Attorney-at-Law Act

The reason for sentencing.

The defendant committed the crime of violation of the Attorney-at-Law Act, bodily injury, and bodily injury of each case even though he is expected to perform his high morality and fair duties, and the crime of violation of the Attorney-at-Law Act is not only a crime of impairing the public trust in the fairness of criminal justice, but also a crime of violation of the Attorney-at-Law Act, which is also a serious possibility of criticism in terms of damaging the legislative intent of the Attorney-at-Law Act that aims to guarantee the transparency and morality of the legal profession by neglecting irregularities around the legal system with the public officials of law enforcement agencies and the referral of the legal cases, and that there is no agreement or no recovery of damage with the victim with regard to the crime of injury or bodily injury, and the degree of damage caused by the crime of injury or the crime of confinement of the defendant is relatively minor. The defendant led to the crime of violation of the Attorney-at-Law Act due to the delivery of money or goods to arrange for the defendant, and the defendant is against his wrong behavior with regard to the social character and behavior of the defendant, as set forth in the text of this case.

Parts of innocence

1. Inflicting on March 23, 2011

A. Summary of this part of the facts charged

At around 21:30 on March 23, 201, the Defendant offered that the Defendant she would have expressed his/her refusal to do so in a female-in-child relationship, which was disturbed in the Busan Mado-ro, Busan Mado-si. However, the Defendant was refused to do so. However, the Defendant forced the victim, leading him/her to his/her arms, let him/her down his/her arms over the floor, thereby leaving the victim into the floor, thereby leaving him/her over 10-day medical treatment.

B. Determination

As seen above 2. A. (2), this part of the facts charged constitutes a case where there is no proof of a crime and thus, is pronounced not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act.

2. An accusation;

A. Summary of this part of the facts charged

From the end of March 2011, when the Defendant talks with the victim about a difficult economic business situation, such as a failure in Chinese business, to the end of May 2011, the Defendant demanded the victim to borrow money under the name of Chinese business fund, etc., and borrowed 50 million won from the victim as the title of the construction fund for the loan construction project on April 7, 2011. On the 11st of the same month, the Defendant borrowed 1 million won as the Defendant’s expense, 45 million won as the Chinese business fund, and on the 20th of the same month as the name of Chinese business fund, 10 million won as the name of Chinese business fund, 3 million won as the name of Chinese business fund, and 64 million won as the name of the registration of the construction corporation on the 25th of the same month, and 2660 million won as the same name on the 26th of the same month.

In this process, on April 19, 201, the defendant prepared a letter of agreement to pay consolation money and a letter of agreement to the effect that "if he transfers the right to lease on a deposit basis in this case to the victim and damages or disposes of it voluntarily, he shall compensate for 200 million won if he transfers the right to lease on a deposit basis with the victim registered under the name of the defendant." On the 27th of the same month, the defendant made the registration of the transfer of the right to lease on a deposit basis for the above apartment to the victim.

In addition, on May 201, the defendant mentioned the art works held by the victim who was interested in usual art works in the police officer in the middle of the 201, and distributed the art works held by the defendant to the victim by using 2 points of sculptures of the author's letter to the police officer in the same month.

From April 7, 201 to the 26th day of the same month, the Defendant borrowed a total of 200 million won from the victim by using a loan certificate and cash storage certificate six times from the victim, and around the 27th day of the same month, the Defendant intended to transfer the instant chonsegwon amounting to 200 million won in the name of the defendant with respect to 707 Dong-dong, Busan Metropolitan City, 15 Dong-dong, 1203. In addition, even though the victim made a gift of 2 points in the 17th day of literacy, around July 17, 2011, 200: (a) at the Maritime Police Station and the 1094-1 team office of Busan, Daegu, Busan, 109-1, and (b) at the 4th day of the same month, the Defendant got the victim to take over the above chonsegwon's shares with the intention of causing the victim to be subject to criminal punishment, and (b) at the same time, the Defendant conspired the victim's shares to the above 5th day of the Defendant.

B. Determination

As seen above 2. A. (5) above, this part of the facts charged constitutes a case where there is no proof of a crime and thus, is pronounced not guilty under the latter part of Article 325 of the Criminal Procedure Act.

Judges

Kim Jong-cheon (Presiding Judge)

Song Jinman

Freeboard Kim

Note tin

1) In light of the form and content of the rebuttal, it seems that it appears that it is a clerical error in May 21, 201.

2) The Defendant, as such, marks in the police in order to restrain the victims who want to get off or get off the train.

b."Written statement to the effect that "(No. 102 pages of evidence record)", but in the prosecutor's office the words "the victim's easyphones" are changed.

The heat clothes are teared with the victim's bags, there is no physical contact with the victim, and the victim leaves the room.

In the course of using force for the purpose of not deducting a seed, the occurrence of a wound by the string of arms, trees, etc. shall be encouraged;

(c)" has changed the statements to the effect that they are made, and the statements in the prosecution shall be made and posted respectively by ○○ and 000, a witness;

I seem to be the case.

3) Upon pointed out such unreasonable outcomes in the prosecution, the Defendant’s phrase “the police station intending to leave the victim’s fraud” is the police station.

낸 것이고, 피해자가 얌전히 있었으면 피해자를 내려주고 사무실로 가 고소장을 작성할 생각이었다."

The purpose was to change the words(Evidence 2 -2 - 1369 pages, 2 -3 2181 pages).

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