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(영문) 수원지방법원 2017.05.19 2017노1865
변호사법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal 1) Defendant’s punishment (one year of imprisonment, additional collection KRW 150,4650,00) is too unreasonable.

2) The Prosecutor’s sentence is too unhued and unreasonable.

2. The facts charged in this case are the circumstances favorable to the defendant that the defendant confessions the facts charged in this case and repents his mistake, that the defendant has no criminal record for the same kind of offense, and that there is a family member to support.

On the other hand, the following facts are disadvantageous to the defendant.

The crime of this case is against the bar system in order to prevent unauthorized persons from participating in other persons' legal cases, protect the interests of interested persons, and promote the fairness of legal life and the smooth operation of legal order, and its illegality is large.

The defendant seems to have repeatedly carried on business with multiple clients over a long-term period of time.

In addition, comprehensively taking account of the circumstances surrounding the instant crime, Defendant’s age, sexual conduct, environment, and circumstances after the commission of the instant crime, etc., it cannot be deemed that the lower court’s punishment is too heavy or unreasonable to the extent that it goes beyond the reasonable scope of discretion, and thus, is unreasonable.

Therefore, the argument that the sentencing of the defendant and the prosecutor is unfair is without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act.

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