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(영문) 서울중앙지방법원 2019.06.14 2018노3707
변호사법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The defendant does not pay the above fine.

Reasons

The penalty (three million won of a fine) imposed by the court below in the summary of the grounds for appeal is too unreasonable.

We examine ex officio prior to the judgment on the grounds for appeal ex officio.

According to the records and the defendant's statement at the court below's trial, the defendant was sentenced to eight months of imprisonment for a crime, etc. at the Seoul Southern District Court on November 24, 2017, and the judgment becomes final and conclusive on December 4, 2017, and on January 18, 2018, the Seoul Central District Court sentenced eight months of imprisonment for a crime of fraud at the Seoul Central District Court on September 10, 2018 and the judgment became final and conclusive on September 10, 2018.

The punishment of this case shall be determined in consideration of equity with the concurrent judgment pursuant to Article 39(1) of the Criminal Act in relation to each of the above crimes and the latter part of Article 37 of the Criminal Act, as well as the crime in the judgment of the court below for which judgment has become final and conclusive. Thus, the judgment of the court below

The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of ex officio reversal, and the judgment below is again ruled as follows.

Criminal facts

The summary of the judgment below's charges and the summary of evidence are partly modified as follows.

The judgment below

One day after the change was made (criminal record) before the change was made final and conclusive.

On November 24, 2017, the judgment became final and conclusive, and on December 4, 2017, the Seoul Southern District Court sentenced eight months to imprisonment for fraud, etc., and on January 18, 2018, the judgment became final and conclusive on September 10, 2018.

2 Purpose

1. Application of Acts and subordinate statutes to the previous records of judgment, previous records of disposition, report on results of confirmation, copies of the original judgments bound in the records of public trial, defendant's statement at the trial court, previous records of disposition and report on results of confirmation, court rulings and copies of the judgments bound in the records of

1. Article 109 of the Attorney-at-Law Act applicable to facts constituting an offense and Article 109 of the Act on the Selection of Punishment;

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