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(영문) 서울동부지방법원 2014.05.29 2014노401
변호사법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

20,000,000 won shall be additionally collected from the defendant.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (ten months of imprisonment) is too unreasonable.

2. The crime of this case is committed that damages the foundation of the bar system and disturbs the sound order in the legal market, and the nature of the crime is not good. In particular, the Defendant committed the above crime as an incumbent police officer’s status to be clean and fair, and is disadvantageous to the Defendant.

However, in full view of various sentencing factors in the arguments of this case including the defendant's age, character and conduct, environment, motive, means, and result of the crime of this case, the defendant's punishment sentenced by the court below seems to be somewhat unreasonable, and thus, the defendant's assertion is reasonable, since it is deemed that the defendant's punishment imposed by the court below is somewhat inappropriate. The defendant's assertion is reasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is also ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 111 (1) of the Attorney-at-Law Act concerning facts constituting an offense;

1. proviso of Article 116 of the Attorney-at-Law Act;

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