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(영문) 광주지방법원 2014.11.05 2014고단2670
변호사법위반
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

On February 2, 2013, the Defendant: (a) received a request from the F who is under investigation by the prosecution to post money and gambling at a private horse, and (b) received a request from the F who is under investigation by the prosecution, to “in the event there is an employee of the prosecution who is undergoing investigation by going through gambling in the private horse race track, and is under investigation by the prosecution, so that it can be handled simply by a fine,” and (c) accepted that “in the case of the above, it may be viewed through an employee of the prosecution who knows in the face of the matter.”

Since then, on February 4, 2014, the Defendant received money and valuables under the pretext of receiving 3 million won or more to receive money to the prosecution staff at the coffee shop in Gwangju-gu, Gwangju-gu, and soliciting public officials to receive money from the prosecution staff and handle the case.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the F in a copy of the protocol of interrogation of suspects (324 pages of investigation records) to the prosecution;

1. Article 111 (1) of the Attorney-at-Law Act applicable to facts constituting an offense and Article 111 of the Act on the Selection of Punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution (it shall be considered that the amount of actual profit is not substantial);

1. Article 116 of the Attorney-at-Law Act;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of sentence [Determination of Penalty] Violation of the Attorney-at-Law Act: Type 1 (less than 30 million won) (Special Convicted Person] - Where the actual amount of profit is extremely minor for mitigation elements, [Determination of the recommended area] mitigation area [Scope of Recommendation] 1 month or six months;

2. Whether or not a suspended sentence is added - Where the actual amount of profit is extremely minor;

3. Six months (two years of suspended execution of sentence) of imprisonment with prison labor;

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