logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2020.07.24 2020노457
변호사법위반
Text

The judgment below

The part against the defendant shall be reversed.

Defendant 1, No. 2-A, and No. 2-B of the judgment of the court below.

Reasons

1. The sentence of the court below against the defendant (the first crime, second crime, second crime: imprisonment with prison labor for 10 months and second crime in the judgment of the court below: imprisonment with prison labor for two months, additional collection of 25,00,000 won) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, according to the records, the defendant was sentenced to two months of imprisonment for a crime of fraud at the Ulsan District Court on May 7, 2020 and the judgment became final and conclusive on May 15, 2020. The crime of fraud against the defendant, which became final and conclusive on May 15, 2020 as stated in the judgment of the court below, is in the relation of concurrent crimes under the latter part of Article 37 of the Criminal Act, and is determined in consideration of equity with the case where the judgment is to be rendered at the same time in accordance with the main sentence of Article 39(1) of the Criminal Act. Therefore, the

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the part of the judgment below against the defendant is reversed and it is again decided as follows.

[Reasons for the judgment used] The summary of facts constituting a crime and evidence recognized by the court of this Court and the summary of the evidence thereof are the same as the corresponding column of the judgment of the court below in addition to the fact that "the defendant was sentenced to a suspended sentence of one year for four months for a crime in the Ulsan District Court on December 13, 2018, which became final and conclusive on December 21, 2018, the same court was sentenced to six months of imprisonment for a crime in the same court on September 19, 2019 and became final and conclusive on December 27, 2019, and on May 7, 2020, he was sentenced to two months of imprisonment for a crime in the same court on May 15, 2020 and became final and conclusive on May 15, 2020."

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 111(1) of the Attorney-at-Law Act entitled to punishment, and Article 30 of the Criminal Act's offering and receiving of money and valuables.

arrow