beta
(영문) 수원지방법원 2017.07.14 2017노2544

변호사법위반

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year and six months of imprisonment, additional collection of KRW 212,050,000) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The fact that the defendant recognized his mistake and reflecteds his mistake, the defendant has no criminal history exceeding the same criminal history or fine, and the fact that the client does not seem to have suffered damage due to the crime of this case is favorable.

However, the crime of this case is committed in violation of the law system and the sound trade order in the legal market, and there is a need for strict punishment, and the above crime has been committed over a long period exceeding six years, and the profits therefrom also amounting to KRW 50 million, and among which the profits earned by the defendant are the large amount of KRW 210 million, it is disadvantageous.

In full view of the above circumstances and the Defendant’s age, sex, environment, motive, means, and consequence of the crime, all of the sentencing conditions as shown in the pleadings, such as the circumstances after the crime, the lower court’s punishment cannot be deemed too weak or unreasonable.

Therefore, we cannot accept all the defendant and prosecutor's argument.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act (Provided, That the court below's "applicable the pertinent Article of the Act and the choice of punishment for the crime of 1." "Article 109 subparagraph 1 of the Act" is added to "Article 109 subparagraph 1 of the Act" of the court below's "Article 25 (1) of the Regulation on Criminal Procedure, and the ex officio correction is made."