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(영문) 서울중앙지방법원 2016.08.26 2016노1896

변호사법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The punishment sentenced by the first instance court (along with imprisonment of two years and six months and fine of 20,000,000) on the summary of the reasons for appeal (unfair sentencing) is too unreasonable.

2. Although the Defendant has a special circumstance, such as the fact that his mistake is in depth divided, the period for which the Defendant, who is not an attorney-at-law, employed the attorney-at-law and established and operated two law offices is considerable, and the quality of the crime is not good, and there is no change in sentencing conditions that may be particularly considered, except for the confession of the crime at the appellate time, etc., in addition to other circumstances, including the Defendant’s age, sex, conduct, environment, family relationship, motive, means and consequence of the crime, as well as the circumstances after the crime, etc., even though considering all the circumstances claimed by the Defendant, it is difficult to view that the above sentence that the first instance court sentenced to is unfair because it is too excessive.

Therefore, the defendant's argument that the above sentencing is unfair is without merit.

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