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(영문) 수원지방법원 2017.05.29 2016노8617
변호사법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the penalty of KRW 5 million, the additional collection of KRW 14 million) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The crime of this case was committed under the pretext that the defendant received money under the pretext of soliciting or arranging the affairs of the public official, and the nature of the crime is not less weak, and there is unfavorable circumstances such as the defendant committed the crime of this case during the period of repeated crime.

On the other hand, there are favorable circumstances such as the fact that the defendant shows an attitude to see and reflect his mistake, the amount of gains actually acquired is not so big, and the return of 10 million won to the complainant and agreement.

In addition, when considering the circumstances of the instant crime, the circumstances after the instant crime, the age of the Defendant, the sexual conduct, the environment, and other various conditions of sentencing as shown in the pleadings of the instant case, the lower court’s punishment is too heavy or unfeasible within the scope of the reasonable sentencing discretion, and thus, cannot be deemed unfair.

3. In conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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