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(영문) 대전지방법원 2015.03.19 2014노3507
변호사법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

87,200,000 won shall be additionally collected from the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and April) of the original judgment is too unreasonable.

2. The crime of this case is a large amount of money in the name of the defendant's solicitation of the government-funded construction project ordered by the KGGD to receive orders from the KGGD under a negotiated contract. Such a crime may lead to an unnecessary increase of the construction cost ordered by the public agency and a damage to the social trust in the fairness of the execution of public duties. The social harm caused thereby is considerably heavy in light of the fact that social harm and injury caused by the crime is significant.

However, there is no clear circumstance that the defendant made a bribe or attempted to offer a bribe in return for a negotiated contract to a public official in charge, and the scope of the recommended sentence for the instant crime according to the sentencing guidelines established by the Supreme Court sentencing committee is limited to one year and six years from the year of imprisonment, the crime group of violation of the Attorney-at-Law Act, the group of special persons who received money and valuables (not less than 50 million won), the group of special persons who received money and valuables (not less than 3), the scope of the recommended sentence (basic area), the scope of the recommended sentence (1 to two years), and all other factors such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, the motive and circumstance of the crime, the means and consequence of the crime, and the circumstances before and after the crime, etc., the sentence of the court below is too unfair.

3. The lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the Defendant’s appeal is based on its reasoning, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by the court is "a stipulated under the second sentence of the judgment below."

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