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Defendant
All appeals filed by A and the prosecutor against the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court against Defendant A (the imprisonment of 10 months, the suspended sentence of 2 years, the community service order of 120 hours, the additional collection of 75 million won) is too unreasonable.
B. Each sentence (Defendant B: a fine of KRW 30 million) sentenced by the court below against the Defendants is too unhued and unreasonable.
2. The Defendants’ crime committed is an unfavorable circumstance to the Defendants, such as the following: (a) undermining the general trust in the attorney system and undermining the sound trade order in the legal market; (b) the amount of money exchanged and received by the Defendants is reasonable; (c) the Defendants actively conceal their crimes; and (d) the nature of the crime is very poor by making false statements at an investigative agency; and (b) the E-Class wanting to be punished against the Defendants.
On the other hand, the defendants recognized the crime of this case and reflected their mistakes, the defendants' promise to pay a certain amount of the successful fee from the beginning to proceed with the pertinent civil procedure is not deemed to have been conducted. The defendants A did not have any record of criminal punishment for the same crime, and there is no record of criminal punishment for the same crime, and the defendant B was the first offender who has no record of criminal punishment.
The above circumstances and the lower court appears to have determined a sentence by fully considering the favorable circumstances and unfavorable circumstances for the Defendants. Since the community service order may be implemented through weekends or holidays through consultation with the Protection Surveillance Office, it cannot be deemed impossible for Defendant A to implement the community service order within the extent that it does not interfere with his/her work. In addition, in full view of all the sentencing factors indicated in the instant arguments, including the Defendants’ age, sex, environment, family relationship, motive for committing a crime, means and consequence of a crime, and the circumstances after committing a crime, the sentence imposed by the lower court shall be imposed on the Defendants.