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(영문) 서울중앙지방법원 2019.03.22 2018노4008
변호사법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor, additional collection of KRW 706,283,00) of the lower court is too unreasonable.

2. Basic area of sentencing guidelines [the scope of applicable sentences under law] 10 years and 6 months [the scope of applicable sentences] (the total sum of the amounts received and received shall be included) (the scope of recommended sentences] 5 types (not less than 100 million won) (the scope of recommended sentences] including the handling of legal affairs and operation of business, etc. by persons other than attorneys-at-law from among the category of crimes violating the Attorney-at-Law Act: From 3 years to 6 years (Adjustment of the scope of sentence] where the types of the most serious one crime are higher than those of the most severe one crime; 1/2 of the minimum limit of sentence shall be mitigated, and from 1 year

3. The judgment defendant reflects the entire confession of the crime, and has no record of criminal punishment.

However, the scale of the instant crime is not small, the profits earned by the Defendant is reasonable, and the sentence of the lower judgment is lower than the lower limit of the scope of sentence recommended in the sentencing guidelines.

In addition, considering the sentencing conditions as shown in the argument of this case, the sentence of the court below cannot be deemed to be too unreasonable.

Therefore, the defendant's assertion is without merit.

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

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