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(영문) 대전지방법원 2016.04.15 2015노2676
변호사법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant misunderstanding of facts only received money under the pretext of aiding and abetting to file a complaint against D, and did not receive money in favor of the prosecutor or the police.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous by mistake of facts.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million, additional collection of KRW 1 million) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court based on the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, the Defendant may fully recognize that he/she received money from C for solicitation to the prosecution or the police.

1. C consistently from an investigative agency to the court of the court below, Defendant C has a large number of people who want to take the police and is also working for the prosecution.

As we can solve this problem, we talk to the purport that the high-quality balb bal that is working for the police and the prosecutor's office, so I would like to balb 1 million won.

was stated.

(2) The C’s statement is specific, consistent, and is also reasonable in its explanation, and its credibility is recognized.

3. The court of the court below shall have to prepare money in the court of the court below on the ground that C is necessary to pay money to E.

“A speech was made.”

was stated.

④ The defendant assisted C by guiding a certified judicial scrivener office who prepared a written complaint for the four-day period as the defendant's changed suit.

Even if the defendant who was a worker at the time of the instant case was a worker of the same kind.

It is difficult to believe that the defendant's defense that he received a high amount of money from C with the above aid cost of KRW 1,00,000,000,000,000.

The defendant's assertion of mistake is without merit.

B. The instant crime of determining the illegality of sentencing is treated by public officials.

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