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(영문) 대구지방법원 2016.10.20 2016노58
변호사법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of five million won) of the lower court is too unreasonable.

2. The judgment of the defendant recognizes the crime of this case, the defendant has no record of criminal punishment exceeding the fine, and the defendant has no record of being punished as the same crime as the crime of this case, etc. are favorable to the defendant.

On the other hand, the defendant's crime of this case is a situation unfavorable to the defendant, such as the receipt of money and valuables under the pretext of solicitation with respect to the affairs handled by public officials, and the fact that the defendant did not return the money received.

Considering the above circumstances and other circumstances, such as the character and conduct of the defendant, the environment, the motive, means and method of the crime, and the circumstances after the crime, etc., the sentence of the court below is deemed appropriate as a punishment within the scope of its discretion.

Therefore, the defendant's assertion is without merit.

Article 116 of the Attorney-at-Law Act provides that money and other valuables or other benefits received by a person who violates Article 111 (1) of the Attorney-at-Law Act or a third party who knows such circumstance shall be confiscated, and if confiscation is impossible, the equivalent amount shall be collected. However, the court below omitted this. Therefore, although the court below erred by misapprehending the legal principles on necessary confiscation and collection, the court below did not render a new sentence of confiscation and collection in accordance with the principle of prohibition of disadvantageous change in the case where only the defendant appealed, the court below erred by misapprehending the legal principles on necessary confiscation, but the court below

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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