(영문) 대전지방법원 2015.07.17 2015노806 | 리걸엔진

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(영문) 대전지방법원 2015.07.17 2015노806

변호사법위반등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one year and six months of imprisonment, three years of suspended sentence, one hundred and twenty hours of community service, additional collection of KRW 151,00,00) is too unfluent and unreasonable.

2. Determination

A. The crime of this case is a case that received a large amount of money of KRW 150 million in return for the solicitation of the head of the above Korea Rural Community Corporation upon the request of the defendant to order the construction of the pumps ordered by the Korea Rural Community Corporation I by a free contract from the corporation I. In light of the fact that the contract amount of the construction ordered by the public corporation may be increased unnecessary and that the integrity of the duties of officers and employees of the public institution and the harm to the people's trust may result in the significant social harm and injury, it is necessary to punish the defendant significantly.

B. Meanwhile, there are extenuating circumstances, such as the fact that the Defendant did not have been sentenced to imprisonment with prison labor or a heavier punishment, and that the Defendant committed a crime only once, and that the Defendant did not participate in the crime by refusing to comply with the request by the Korea Rural Community Corporation I, and that the Defendant, including the employees of the Korea Rural Community Corporation, wanted the Defendant’s wife, and that the Defendant had the record of being treated as the Athram cancer, and that there is any depression disorder, etc., and that the health condition is not good.

In addition, considering all the factors of sentencing indicated in the records of this case, including the defendant's age, living environment, details and result of the crime, and circumstances after the crime, the sentence of the court below is adequate.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, the second page of the judgment of the court below is clear that the "President of the Korea Rural Community Corporation" in Part 4 is a clerical error of the "President of the Korea Rural Community Corporation", and such error is corrected in accordance with Article 25 (1) of the Regulations on Criminal Procedure

참조조문

-형사소송규칙 제25조 제1항

-형사소송법 제364조 제4항

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