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(영문) 대전지방법원 천안지원 2014.08.08 2014고단868
변호사법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On November 2013, the Defendant, at the D office located in the Dong-gu, Dong-gu, Dong-gu, Dong-gu, Dong-gu, Dong-gu, asked for the repair of a vehicle from E to “I was investigated at the police station by having caused an accident while driving a vehicle at home. I would be able to deny that the vehicle was not driven within the police station. It would be possible in the future. I would be able to say that I would have a person working at the same workplace as a driver, who would be allowed to change F to a driver, which would be allowed to undergo a police investigation, and would have the police officer undergo such investigation. I would have to conduct personnel management.”

On December 28, 2013, the Defendant: (a) left the Defendant’s vehicle in the E’s residence located in Asan-si G around the end of December 28, 2013; and (b) received bags containing KRW 2 million from E from E, within the Defendant’s vehicle parked in the vicinity thereof.

As a result, the defendant received 200,000 won under the pretext of solicitation or good offices for cases or affairs handled by public officials.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's interrogation protocol concerning E and F;

1. Application of Acts and subordinate statutes to investigation reports (verification of the withdrawal of KRW 2 million from the accounts in the name of the E, the new bank in the name of the E);

1. Article 111 (1) of the Attorney-at-Law Act, and choice of imprisonment with labor concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 116 of the Attorney-at-Law Act [Decision of Sentencing] Reasons for Sentencing [Decision of Sentencing] Violation of the Attorney-at-Law Act (Specially Convicted Persons below 30 million won): Where the return of money, valuables and other benefits is an aggravated factor: where a crime in the form provided in Article 110 of the Attorney-at-law Act (the solicitation or solicitation of public officials by investigation agencies) (the decision of the recommended area] is an aggravated factor: Imprisonment with prison labor for six months to one year (general person). The main issue is whether the sentence of imprisonment is to be mitigated.

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