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(영문) 대구지방법원 2014.01.09 2013노2415

변호사법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the fact that the gist of the grounds for appeal is not good, the punishment (one year of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) imposed by the court below against the defendant is too uneasible and unreasonable.

2. In light of the period, method, frequency, etc. of the instant crime, the nature of the crime is not good, and the Defendant attempted to conceal G from accomplices in the course of investigation, etc. are disadvantageous circumstances.

However, there is a favorable circumstance that the defendant recognizes all crimes and seriously reflects on the fact that the risk of recidivism is extremely low due to the closure of all businesses, and that the defendant has no other criminal record except a fine once.

In full view of the above circumstances, such as the character, conduct, environment, etc. of the defendant, the prosecutor's assertion is without merit, since the punishment imposed by the court below against the defendant cannot be deemed unfair because it is too uneasible.

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