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(영문) 서울고등법원 2020.10.08 2020노407
변호사법위반
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The defendant, as a certified judicial scrivener, was delegated by D to handle cases such as preparation of a written complaint, etc., and was paid 2 million won as fees, meals, and other expenses, and did not receive money and valuables or entertainment in return for a request for a case handled by a public official.

In addition, after the end of August 2017, the Defendant requested D to have his hand detached from the case, and did not participate in the case, so he escaped from the relation of accomplice, and he does not bear any liability as an accomplice for the crime of B thereafter.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, which determined that the Defendant received money or entertainment under the pretext of soliciting a case handled by a public official in collusion with B.

The punishment sentenced by the court below on unreasonable sentencing (two years of suspended sentence and additional collection in October) is too unreasonable.

In full view of the following circumstances acknowledged by the evidence duly adopted and investigated, the lower court determined that the Defendant could have received money, valuables, and entertainment under the pretext of soliciting public officials from D in collusion with B in solicitation for a case dealt with by public officials. The lower court determined that the Defendant could have received money, valuables, and entertainment under the pretext of soliciting public officials in collusion with B.

D consistently stated that investigative agencies provided money, goods, and entertainment to the Defendant and B, as stated in the facts constituting a crime in the lower judgment.

D The court below stated to the effect that certain money, valuables and entertainment were offered in the court below, but it is difficult to objectively prove the facts among the facts that were not disputed after the defendant and B agreed to receive five million won in the court below's judgment.

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