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(영문) 광주지방법원 2017.04.12 2017노907
변호사법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the imprisonment of six months, the additional collection of KRW 21,765,236) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment of the Defendant is the first offender, and when the Defendant was in the first instance, the confession of the instant crime and reflects his mistake in depth, and the actual profits that the Defendant acquired by the instant crime exceed KRW 20 million are favorable circumstances.

On the other hand, the crime of this case is a case where a public official in charge of government-level contracts receives money and valuables under the pretext of soliciting or arranging a specific company to receive contracts. Such crime is not good in that it impairs the fairness and transparency of the conclusion of government-funded contracts, and the total amount of money and valuables received by the defendant and his accomplice exceeds KRW 50 million.

In addition, when comprehensively taking into account the circumstances leading up to each of the crimes in this case, the circumstances after the crime, the Defendant’s environment, etc., and the various sentencing conditions indicated in the records and arguments in this case, the lower court’s punishment is too heavy or is deemed unfair. Therefore, the Defendant and the Prosecutor’s assertion are without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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