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(영문) 서울고등법원 2015.10.07 2015노2274
변호사법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor’s appeal is that the sentence imposed by the court below on the defendant (the penalty of imprisonment for one year, two years of suspended execution, 39, 796, 622) is too uneased and unreasonable.

2. However, in this case, the crime of receiving money and valuables on several occasions for a long time under the pretext that the defendant solicits a public official by using a friendly relationship with G is not weak;

However, in full view of the following circumstances: (a) the Defendant appears to have violated the Defendant’s mistake by committing an initial crime without any criminal power over five months in prison; (b) the benefit acquired from P was returned in entirety; and (c) the Defendant’s age, character and conduct, motive, means and consequence of the crime; and (d) all other circumstances constituting the sentencing conditions specified in the instant records and arguments, such as the circumstances after the crime, etc., the lower court’s punishment is too unjustifiable and unreasonable.

3. In conclusion, the prosecutor's appeal 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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