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(영문) 부산고등법원 2017.07.06 2017노249
변호사법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment, etc.) is too unreasonable.

2. The judgment of the court below and the trial of the court of the case (the crime of this case committed by the defendant was delivered KRW 52 million to public officials in the same circumstances as the facts constituting the crime in the judgment of the court below on seven occasions under the pretext that the defendant made a solicitation from public officials under the same circumstances as the facts constituting the crime in the judgment of the court below, and the nature of the crime is significant in light of the purpose, contents, means, methods and results of the crime, frequency of the crime, and the size of profits acquired, etc. The crime is highly likely to be criticized as a crime damaging social confidence in the fairness and integrity of the execution of official duties, and the defendant uses 15 million won for personal use of the above amount as the purchase cost of high-quality public officials among the above amount, and the defendant actually made a solicitation to public officials after receiving the above money and valuables, etc.) in favor of various circumstances (the defendant confessions all of the crimes in this case from the investigation agency to the trial of the court of appeal, and reflects the wrongness.

In full view of all the sentencing conditions in the court below and the trial proceedings at the court below, including the fact that the defendant used the above money and valuables for personal purposes, and did not proceed to the act of offering money and valuables to public officials as well as the act of solicitation, the agreement on the individual qualification of the president of the association, the written application for coal, and the written deposit after the conclusion of the trial at the court below, and the defendant submitted all the sentencing conditions in the process of the trial at the court below and the trial at the court, it is not recognized that the punishment imposed by the court below is too unreasonable, since the defendant's unfair argument of sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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