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(영문) 광주고등법원 (제주) 2015.12.16 2015노102
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (the additional collection of imprisonment for August, 31,535,000 won) is too unreasonable.

2. The judgment of the Defendant is an unfavorable circumstance to the Defendant, with the following: (a) the Defendant used a pro rata to the public corporation’s officers and employees and actively demanded money and valuables; (b) the value of money and valuables received therefrom is considerable; and (c) the Defendant appears to have attempted to make a solicitation; and (d) the offense of violation of the Attorney-at-Law Act, such as this case, seriously undermines the people’s trust on the fairness and the purchase of unfair money

On the other hand, there are favorable circumstances for the defendant, such as the fact that the defendant's mistake has been broken down and reflected in the trial, and that the defendant deposited the amount of damage for each victims.

In addition, in full view of the defendant's age, character and conduct, environment, family relationship, criminal record, motive and background of the crime, method and consequence of the crime, the recommended range of sentencing guidelines, such as the circumstances before and after the crime, etc., it is not determined that the court below's sentence against the defendant is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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