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(영문) 대구지방법원 2013.12.19 2013노2046
법무사법위반등
Text

The judgment below

The part against the Defendants is reversed.

Defendant

C. A fine of 10,00,000 won, Defendant D.

Reasons

1. The summary of the grounds for appeal is that each sentence imposed by the court below against the defendants (the defendant C: 2 years of suspended sentence in October, 2 million won of fine, and the defendant D: 2 years of suspended sentence in August, 2 years of suspended sentence, 4,627, 967 won of fine) is too unreasonable.

2. We also examine the Defendants’ assertion of unfair sentencing.

In light of the legislative intent of the Attorney-at-Law Act or the Certified Judicial Scriveners Act, in order to protect the interests of interested persons and secure a sound trade order in the legal market by preventing any intervention in legal cases for the purpose of benefit, such as money and valuables, etc., the nature of each of the crimes of this case is not weak. In the case of Defendant C, the long-term period exceeding four years in collusion with H to handle legal affairs on behalf of non-contentious cases is disadvantageous to

Examining the Defendants’ mistake and depth, and the Defendants’ background of each of the crimes of this case, the Defendants appears to have actively sought profits in violation of the Attorney-at-Law Act or the Certified Judicial Scriveners Act, and they appear to have caused each of the crimes of this case while employed as a senior certified judicial scrivener and employed as a clerical staff. In the case of Defendant C, Defendant C is required to nurture children with brain illness disorder, Defendant D is relatively short of the period for committing the crime of this case and seems to have much profits from the crime of this case, and both Defendant C is to be collected additionally. Defendant C has no record of committing the crime and Defendant D has no previous record.

All the circumstances shown in the records and arguments, such as the above-mentioned normal relation, other ages, character and conduct, environment, the circumstances of each of the instant crimes, circumstances after the crime, etc., and in the event the sentence of the lower judgment against the Defendants becomes final and conclusive, the Defendants shall be a certified judicial scrivener office.

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