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(영문) 서울동부지방법원 2019.10.17 2019노402
변호사법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. Although the summary of the grounds for appeal received money and valuables under the pretext of solicitation for a case dealt with by a public official, the lower court erred by misapprehending the facts and not guilty of the facts charged.

2. The lower court rendered a not guilty verdict on this part of the facts charged on the ground that it is insufficient to recognize the fact that the Defendant received the money as stated in the facts charged under the pretext of solicitation for a case dealt with by public officials only on the basis of the circumstances

In light of the records, the above measures of the court below are just and acceptable, and there was no new evidence that corresponds to the facts charged in the trial, so it cannot be viewed that there was an error of misunderstanding of facts or misunderstanding of legal principles as alleged by the prosecutor in the judgment of the court below.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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