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(영문) 울산지방법원 2016.02.05 2015노1613
변호사법위반
Text

The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

except that this shall not apply.

Reasons

1. The sentence imposed by the lower court (a year and six months of imprisonment, confiscation and collection) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is that the defendant, not an attorney-at-law, accepts money and valuables by gathering L's self-audit and accusation against the supply cost case, and ordering N to resume the delivery to L again. Such a crime is likely to impede the fairness and smooth operation of the legal market and disrupt the legal order. Furthermore, it is necessary to severely punish the members of society by taking advantage of the awareness that it is possible to solve problems through abnormal methods, such as connection, academic research, delay, etc., rather than legitimate procedures, and ultimately, it is necessary to severely punish the whole society as a serious crime that causes corruption. The defendant's total sum of the amounts received from N in collusion with B and C amounts to KRW 10 million, and the amount acquired by the defendant is not less than KRW 50 million,000,000,000, which is disadvantageous to the defendant. The defendant's actual leading in the crime of this case, such as inducing B and C to make solicitation to L executives.

However, all of the crimes of this case are recognized by the defendant, and they were in depth against N, it seems that the defendant did not actively demand the defendant to deliver money and valuables, the defendant's 50 million won of the acquisition of 50 million won of the defendant, the remaining 31 million won of the remaining 31 million won of the collection of the penalty in the original trial was collected to the National Treasury, and the defendant deposited 31 million won for N at the original trial, and the defendant returned all the profits acquired by the defendant by returning the remaining 19 million won to N in the original trial, and return all the profits acquired by the defendant by returning the remaining 19 million won to N in the original trial, the fact that there is no criminal history of the defendant, the health status of the defendant seems to be good, the defendant's family members and those of the defendant are supported by the defendant.

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