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(영문) 서울남부지방법원 2013.11.21 2013노1520
변호사법위반
Text

The prosecutor's appeal is dismissed.

Reasons

The gist of the reasons for appeal by the prosecutor is that the court below's decision of exemption from punishment is too unfasible and unfair.

Therefore, the defendant was sentenced to a suspended sentence of two years in October due to the crime of attempted fraud at the Seoul Southern District Court on February 2, 2005, and even though he had been sentenced to a fine of 1.5 million won by the Seoul Central District Court on March 25, 2008, he did not properly repent his mistake and committed the crime of this case in spite of the fact that he had been sentenced to a fine of 1.5 million won by the violation of the Attorney-at-Law Act at the Seoul Central District Court on March 25, 2008, it is reasonable to punish the defendant more strictly.

However, on April 7, 2010, the Defendant was sentenced to a suspended sentence of two years for fraud at the Seoul Southern District Court on April 15, 2010 and the judgment became final and conclusive on April 15, 2010. On July 16, 2012, the Incheon District Court was sentenced to nine months of imprisonment for fraud, etc. On April 11, 2013, and the judgment became final and conclusive on April 11, 2013. In addition, considering all the circumstances asserted by the Prosecutor as grounds for appeal, the Defendant may be tried together with each of these judgments, and need to take into account the need to consider equity with those cases, and the Defendant’s health status seems very good. In full view of all other circumstances, considering the Defendant’s age, character and conduct, motive, means, and consequence of the crime, and the circumstances after the crime, etc., the lower court’s sentence and the sentencing indicated in the instant arguments and the records, it cannot be deemed unreasonable to the extent that the Defendant’s punishment should be reversed.

Therefore, prosecutor's assertion is without merit.

Therefore, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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