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(영문) 수원지방법원 2016.08.24 2016노2421
변호사법위반등
Text

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

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the Defendants (in the event of Defendant A: one year and six months of imprisonment; two years of probation; two years of imprisonment with prison labor; three years of probation; three years of probation; three years of community service; one hundred and sixty hours of imprisonment with prison labor; one year and six months of probation; two years of probation; one million won of penalty); and one million won of imprisonment with prison labor.

2. The crime of this case committed by the Defendants in collusion with the Defendants who are not attorneys-at-law, in return for providing legal counseling services and arranging preparation of legal documents with respect to an investigation case being handled by an investigative agency, and embezzlement by arbitrarily consuming KRW 12 million among them by receiving KRW 15 million from the injured parties as attorney-at-law fees. It is not good that the crime of this case is committed.

However, the defendants recognize and reflect the crime of this case, and there is no criminal record exceeding the same criminal record and fine, and the defendant C is the first criminal.

Defendant

B renounced all the rights in the certificate of fairness in monetary consumption lending and borrowing contract, which was acquired through the instant crime, and deposited the amount equivalent to the embezzlement in the lower court for the victim N., and the Defendants did not want the punishment of the Defendants in the first instance by mutual consent with the victim N, F and the victim.

In addition, the lower court’s sentencing is determined to be appropriate in its entirety, and it does not seem to be unfair because it is too low, in light of the following circumstances, such as the Defendants’ age, sex, environment, motive, means, and consequence of the crime, and the circumstances after the crime.

Therefore, the prosecutor's above assertion is without merit.

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

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