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(영문) 대구지방법원 2017.07.14 2016노5046

변호사법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the summary of the reasons for appeal (two years of suspended sentence in prison for ten months, additional collection 21.8 million won in prison) is too unreasonable, and in particular, a large amount of additional collection charge is unreasonable as it does not constitute a reason to pay it in light of the defendant's economic power.

2. The judgment of the defendant is contradictory to the confession of each of the crimes of this case, the defendant pays 6 million won to the victim non-life insurance (the state) of the fraud of this case, and the above victim is not subject to the punishment of the defendant by agreement with the victim of this case. The defendant is suffering from health conditions due to Teinson's disease, etc., and the defendant is faced with very difficult economic situation, and the profits gained by the defendant from the crime of violation of the law of this case are recovered as additional collection (the scope of necessary additional collection under Article 116 of the Legal Act in this case is 20 million won), and there is no record of the same kind of crime as to lawyer's violation or fraud.

However, the crime of violation of the Attorney-at-Law in this case is an unfavorable circumstance, such as the fact that the defendant received a considerable amount of money as a fee in return for receiving higher grade of disability or for providing convenience in receiving insurance money to a person who is well aware of the laws and procedures on the application for payment of industrial accident benefits and the application for payment of insurance money. The remainder of the crime in this case is that it is not good that the defendant obtained insurance money from the insurance company by using a diagnosis certificate which is an official document by altering it, and it is not good that the crime in this case is not committed, and that the defendant did not have much profits from each crime in this case, and that the defendant committed the crime of alteration of the official document in this case and the crime of uttering of the altered official document despite the record of the same crime, such as the crime of forging the official document,

In addition to the above circumstances, there are special circumstances that can be newly considered after the sentence of the lower judgment.