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(영문) 부산지방법원 2015.12.03 2015노3311
변호사법위반
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. In light of various sentencing conditions in the grounds for appeal, the sentence of the court below (the imprisonment of 8 months and 6 months for the defendant A and 6 months for the defendant B) is too uneased and unfair.

2. As to the grounds for appeal of this case, the crime period of this case is more than one year and 11 months, and the total amount of the claim for the payment order is more than KRW 5.5 billion, the profits the defendants gained from the crime of this case also seems to be considerable, and even though the defendants were indicted for the same crime and sentenced to a suspended sentence of imprisonment in the first instance court, the defendants are still under the appellate court's proceeding against the crime of this case and are highly likely to be subject to criticism, etc., are the grounds for sentencing disadvantageous to the defendants.

However, in light of the circumstances such as the Defendants’ recognition of all of the instant crimes and their depth and reflects, and there is no record of punishment exceeding the fine in addition to the previous suspended sentence of the same kind of case, and other factors such as equity in punishment with the accomplices in the previous cases, age, character and conduct, environment, health conditions, motive and circumstance of the crime, motive and circumstance of the crime, degree of participation in the crime, and the result of the application of the sentencing guidelines of the Supreme Court Sentencing Committee, etc., the sentence imposed by the lower court cannot be deemed to be too weak.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the appeal against the Defendants by the prosecutor is without merit. Thus, all of the appeals are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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