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(영문) 수원지방법원 2017.06.15 2017노2091
변호사법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

80,780,00 won from the defendant.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that a defense counsel reflects the mistake of the defendant, there is no history of criminal punishment, and if the period of detention is long, the dependent might be placed in the excessive difficulty, etc., the sentence of the court below that sentenced one year and six months of imprisonment is too unreasonable.

B. In light of the fact that the sum of the fees received by the prosecutor by the defendant is about KRW 450 million, and that there is a need to strictize the illegal acceptance activities of Brazils without a lawyer’s license, the lower court’s punishment is too uneasible and unreasonable.

2. In full view of the following facts: (a) the Defendant recognized a mistake and reflects against the judgment; (b) there is no record of criminal punishment; (c) the Defendant supported her mother and her mother who caused a traffic accident to require continuous medical treatment by suffering from a serious injury; (d) the Defendant committed the instant crime for the livelihood of her family members; (c) the Defendant committed the instant crime for the livelihood of her family members; (d) the Defendant’s age, sex, sex, environment, degree of damage; (e) the motive and circumstance of the instant crime; and (e) other conditions of all the sentencing as shown in the instant records and arguments, such as the circumstances after the crime, etc., the lower court’s punishment is deemed unfair because the Defendant’s assertion is with merit and without merit.

However, in light of the fact that the crime of this case is not an attorney-at-law from March 16, 201 to March 16, 2012, the defendant, who is not an attorney-at-law, receives approximately KRW 450 million in total by dealing with legal affairs concerning non-contentious cases, such as personal rehabilitation, bankruptcy, and face books, and receives approximately KRW 450 million in total, it is inevitable to sentence the defendant to the punishment.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

Criminal facts

The summary of the defendant's criminal facts and the summary of the evidence.

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