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(영문) 대구지방법원 2014.12.30 2014고단4683
변호사법위반
Text

A defendant shall be punished by imprisonment for four months.

A penalty of one million won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On September 6, 2007, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. at the Jeonju District Court on September 6, 2007, and the execution of the sentence was terminated in the Jeonju prison on May 7, 2008.

No person shall receive or promise to receive money, valuables, entertainment or other benefits under the pretext of solicitation or arrangement for cases or affairs handled by a public official.

Nevertheless, around May 29, 2009, the Defendant received money and valuables in the name of solicitation in relation to the case of the victim BH's criminal case detained in the cell of the police station located in the relevant police station in the front-North Korea Police Station as a special larceny at the police station around May 29, 2009, by stating that "this case is well known at the police station in the front of the police station. It is well known that police officers of the police station in the front-North Korea are well aware of it, and the police officers are doing so and doing so. It is changed to 10 million won."

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to BI and BH;

1. Details of passbook transactions;

1. Previous convictions in judgment: The application of criminal records and personal inquiry records under statutes;

1. Article 111 (1) of the Attorney-at-Law Act concerning facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under Article 116 of the Attorney-at-Law Act [Scope of Recommendation] : (a) there is no basic area (4 to 10 months) of receiving money and valuables under the pretext of solicitation and intermediation (4 to 30 million won) [decision of sentence] [Determination of sentence] : (b) the defendant was given money in the name of solicitation to public officials despite the fact that the defendant was in the period of repeated crime, and the nature of the crime is not good; (c) the amount of money received is 1 million won; and (d) the defendant was dissatisfing and against his mistake; and (e) other circumstances such as the motive, process, means and method of the crime in this case; (d) the circumstances before and after the crime was committed; and (e) the defendant’s age, character, and behavior, career, environment, etc. as shown in the argument

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