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(영문) 대전지방법원 2015.04.16 2014노3492
변호사법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and three months.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (an improper sentence) of the original judgment (one year and three months of imprisonment) is too unreasonable.

2. The crime of this case is deemed to have been received KRW 67,770,00 from the G which is a producing company, under the pretext of soliciting that the defendant would receive the government-funded construction work under a free contract for the I project ordering the Gwangju Viewing. Such crime may result in an unnecessary increase of the construction cost ordered by the public agency and a damage to the social trust in the fairness of the execution of public duties. Accordingly, the crime is highly heavy in light of the significant social harm and injury caused thereby.

However, there is no clear circumstance that the defendant made or attempted to make a bribe in return for a free contract to the public official in charge, and the part of the defendant's business for the company is considered as part of the violation of the Attorney-at-Law Act, the category 3 (not less than 50 million won), the decision of the recommended field of solicitation and good offices, the decision of the recommended area (the basic area), the number of recommended crimes (the basic area), the number of recommended crimes (one to two years), and other various sentencing conditions such as the defendant's age, character and conduct, environment, criminal motive, means and consequence, etc. according to the sentencing guidelines established by the Sentencing Committee of the Supreme Court, the sentence of the court below is too unreasonable.

3. The lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the Defendant’s appeal is based on its reasoning, and the following judgment is rendered again after pleading.

Criminal facts

Criminal facts and summary of evidence against the defendant recognized by this court shall be as stated in the corresponding column of the judgment of the court below.

Article 369 of the Criminal Procedure Act.

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