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(영문) 부산지방법원 동부지원 2018.07.24 2017고합220
변호사법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

16,300,000 won shall be additionally collected from the defendant.

As above, the defendant.

Reasons

Punishment of the crime

On November 29, 2013, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on the part of November 29, 2013, and the said judgment became final and conclusive on January 17, 2014.

In May 2013, the Defendant was living together with C in the Busan detention center located in the Busan detention center, which was located in 268 as the principal of the Busan High School.

At the time, C was in the appellate trial on May 10, 2013 after he was sentenced to two years of imprisonment by the first instance court of Busan District Court on May 10, 2013.

The Defendant, around that time, at the Busan detention center, informed C of a police officer loan brokerage case in Seoul, to the prosecutor in charge of the instant case, he was sentenced to reduction of punishment by obtaining public recognition. The Defendant, who was in charge, told C that “The public prosecutor in charge of the instant case of giving and receiving money and valuables may be sentenced to 20,000,000 won for the cost of attorney-at-law appointment who was ordered to be sentenced to reduction of punishment by requesting the prosecutor’s public information and request the prosecutor in charge, and received KRW 16,30,000 as the case fee.”

As a result, the defendant received money and valuables on the pretext of solicitation or good offices with respect to cases or affairs handled by public officials.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of C, D, and E;

1. Each police investigation report (the sequence 3, 11 of the evidence list);

1. Ratifications (C, narcotics, etc. natives), criminal explanatory notes (F), copies of investigation report (related to investigation cooperation), and sentence (limited to Busan District Court Decision 2013No 1666);

1. Previous convictions in judgment: Inquiry about criminal history and application of the text of judgment (the Busan District Court Decision 2013No. 1893, 2012 Heights 10656) and other statutes;

1. Relevant legal provisions concerning facts constituting an offense and Article 111 (1) of the Act as an attorney-at-law who has selected a punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The late text of Article 116 of the Act;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant's acceptance of KRW 16,30,00 from C is true, or it is a solicitation as to cases or affairs dealt with by a public official.

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