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(영문) 수원지방법원 2017.04.28 2016노6903
변호사법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the sentence imposed by the court below (the imprisonment of eight months, the suspension of execution of two years, the community service order of 40 hours, the additional collection of 91,880,000 won) is too unreasonable.

2. The fact that the defendant recognized his mistake and reflected his mistake, and that the situation where the client suffered damage through the instant crime is not visible is favorable to the defendant.

However, the crime of this case is in violation of the law system and the sound trade order in the legal market. Furthermore, the crime of this case has been committed for a long period exceeding five years, and the profits therefrom also amounting to KRW 845 million, and among which the profits earned by the defendant are the maximum amount exceeding KRW 90 million, the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, and all of the sentencing conditions shown in the arguments, such as the circumstances after the crime, cannot be deemed to be unfair since the sentence imposed by the court below is too excessive.

Therefore, the defendant's assertion is not accepted.

3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit. The court below’s “applicable the pertinent Article of the Act and the choice of punishment against the criminal facts of 1.” added “Article 109 subparag. 1 of the Act on the Criminal Procedure” to “Article 109 subparag. 1 of the Criminal Procedure Act” and corrected ex officio pursuant to Article 25(1) of the Regulation on the Criminal Procedure.

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