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(영문) 서울동부지방법원 2015.01.29 2014노1077
변호사법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not participate in the opening of the J (hereinafter “instant legal office”) on February 2, 2009 to March 2, 2009, and withdraws from the Republic of Korea only one month by E participating in the opening of the said legal office, and the Defendant became a joint operator on behalf of the said place from April 2009, and there is no fact that he participated in the operation from March 2009.

Nevertheless, the lower court convicted the Defendant of the entire operation period of the law office stated in the facts charged, by misunderstanding the facts.

B. The sentence imposed by the lower court (one year of imprisonment and additional collection) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the court below rejected the above assertion in the latter half of the "a summary of evidence" by stating in detail the defendant's assertion and judgment. In light of the above recognition and judgment of the court below, the judgment below is just and acceptable, and it is also the same even if the defendant added additional evidence in the trial. Thus, the defendant's argument is without merit.

The defendant's assertion of mistake is without merit.

B. Although there are favorable circumstances such as the Defendant’s absence of the same criminal records and the Defendant’s health condition appears to be good, the crime of this case is highly serious in the nature of the crime in that the Defendant established a law office jointly with other persons, employed attorneys, and operated them for about one year and six months without a lawyer’s qualification, thereby impairing the public nature and reliability of the attorney system, and as seen earlier, the facts charged against the entire period of the establishment and operation of the law office of this case cannot be accepted even if the Defendant was fully convicted.

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