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(영문) 수원지방법원 2017.04.21 2017노1400

변호사법위반

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal 1) The sentence of the lower court (one year of imprisonment, additional collection 63.2 million won) is too unreasonable.

2) The Prosecutor’s sentence is too unhued and unreasonable.

2. The judgment is the first offender, the confession of the facts charged in the instant case, and his mistake is divided, the fact that the family and the branch of the Defendant support the outer money of the aged, and the fact that the family and the branch of the Defendant want to take the Defendant’s preference is favorable to the Defendant.

On the other hand, the following facts are disadvantageous to the defendant.

The crime of this case is against the bar system in order to prevent unauthorized persons from participating in other persons' legal cases, protect the interests of interested persons, and promote the fairness of legal life and the smooth operation of legal order, and its illegality is large.

The defendant seems to have repeatedly carried on business with multiple clients over a long-term period of time.

In addition, comprehensively taking account of the circumstances surrounding the instant crime, Defendant’s age, sexual conduct, environment, and circumstances after the commission of the instant crime, etc., it cannot be deemed that the lower court’s punishment is too heavy or unreasonable to the extent that it goes beyond the reasonable scope of discretion, and thus, is unreasonable.

Therefore, the argument that the sentencing of the defendant and the prosecutor is unfair is without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act.