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(영문) 서울고등법원 2015.05.29 2015노583
변호사법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (a year of imprisonment, an additional collection of 75 million won) is too unreasonable.

2. The fact that the defendant was aware that he had committed the crime of this case and was able to repent his mistake in depth, and that the defendant returned the whole amount of KRW 75 million received from D at the original trial, etc., shall be considered as the circumstances favorable to the defendant.

However, the crime of this case is to receive money worth KRW 75 million in total for resolution of the petition case and for solicitation of investigation, and some of the money received are provided to police officers in fact, and the nature of the crime is bad; the crime of this case is damaged by the social trust in terms of fairness and uncertainty of duties performed by investigation agencies; and the defendant committed again the crime of this case even if he had been sentenced to a fine for nine times in 2003, even though he was sentenced to a suspended sentence of imprisonment with prison labor for not less than two years in 2003, the fact that he committed again the crime of this case shall be considered to be disadvantageous to the defendant.

In addition, considering the Defendant’s age, character and conduct, environment, motive and background leading up to the Defendant to the instant crime, circumstances after the instant crime, etc., various conditions of sentencing indicated in the records, and the scope of recommended sentences according to the sentencing guidelines of the Supreme Court Sentencing Committee applicable to the instant case (from October to February 2), etc., the lower court’s punishment is deemed to be too unreasonable.

Therefore, the defendant's assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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