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(영문) 수원지방법원 2016.09.30 2016노4006
변호사법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (a punishment of imprisonment of three years, an additional collection of KRW 645,710,640) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The fact that the Defendant appears to be against the instant crime, and that there is no history of criminal punishment exceeding the fine, etc. is favorable to the Defendant.

However, the crime of this case is that the defendant is not an attorney-at-law even if he is not an attorney-at-law. Such a crime of violation of the defense law is likely to infringe on the attorney-at-law system in order to protect the interests of interested persons by preventing unauthorized persons from participating in other persons' legal cases and to promote the fairness of legal life and the smooth operation of the law and order. Therefore, it is necessary to be strict. In light of the following: (a) the defendant has received a total of KRW 2,331,903,800 from a total of KRW 2,330,000,000,000 paid fees and received a total of KRW 2,331,903,000,0000, the amount of the crime of this case; and (b) the defendant's liability for the crime of this case is not weak; and (c) taking into account all the sentencing conditions

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

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