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(영문) 부산지방법원 2013.08.16 2013노1334
변호사법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment of one year and six months, additional collection of 81 million won, which the court below sentenced to the defendant, is too unreasonable.

2. It is recognized that the defendant recognized the crime of this case for the first time in the trial and supported his mother, etc.

However, the crime of this case was committed under the pretext of receiving money and valuables from the public official to help the defendant who is no longer able to operate the street store any longer due to reconstruction, and it was not easy to accept money from the public official under the pretext of soliciting him to operate the street store. A total of KRW 81 million over a year, and the defendant does not clearly disclose the place of using the money that he received (it is difficult to believe the above O's horse in light of the fact that the defendant alleged that he transferred the above money to the person of O in accordance with the purport of receiving money up to the trial, but he did not know the personal information of the aboveO), while the defendant delivered money to the defendant was unable to operate the street store any more, and the defendant was unable to operate the street store, and the defendant wanted to be punished, and even if some of the money received from E were returned, Article 116 of the Attorney-at-Law Act provides for confiscation or collection for the whole money received from E, the defendant's age and circumstances leading up to the crime of this case's occupation, etc.

Defendant

The argument is without merit.

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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