Former Prosecutor Who Took Money Saying "I Will Reduce the Sentence for Cases Prosecuted During Investigation" Also Sentenced to Prison in Second Trial
Court States: "Violation of Lawyer's Code of Ethics and Undermining Criminal Justice Fairness"
Sentence Reduced from 3 Years to 2 Years in Prison
A lawyer who was indicted on charges of deceiving victims by promising to reduce the prosecution's sentencing in cases he had prosecuted while working as a prosecutor and receiving money was sentenced to prison again in the appellate court. However, the sentence was reduced compared to the first trial.
On the 28th, the 5-1 Criminal Appeals Division of the Seoul Central District Court (Presiding Judges So Byeong-jin, Kim Yong-jung, Kim Ji-seon) overturned the first trial's sentence of 3 years imprisonment for lawyer A, who was charged with fraud and violation of the Attorney-at-Law Act, and sentenced him to 2 years imprisonment. The amount of confiscation was also reduced from 260 million won in the first trial to 226.66 million won.
The court stated, "The defendant's crime goes against the code of conduct for lawyers who fundamentally protect human rights and realize social justice," and added, "There is a high possibility of criticism as it seriously undermines social trust in criminal justice work, public office integrity, and the fairness of the judicial system."
However, considering that A repaid part of the damages to the victims and that some victims expressed they did not wish for punishment, the court ruled that the sentence in the first trial was somewhat heavy and decided to reduce the sentence.
Previously, in July 2015, immediately after retiring as a prosecutor, A met B, who was prosecuted and tried by A himself, exaggerated the prosecution's sentencing opinion, and deceived B by saying, "I will talk to the trial prosecutor to reduce the sentence," receiving 30 million won under the pretext of a request.
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Additionally, in September 2016, A deceived another suspect under investigation by the prosecution by saying, "The case is handled by a well-known chief prosecutor," and received 150 million won under the pretext of a request. It was also reported that in September 2017, A received 80 million won under the pretext of a request from another suspect under police investigation.
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