The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for four months.

10,000 won from the defendant.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles on the violation of the Attorney-at-Law Act, and not guilty on the violation of the Attorney-at-Law Act due to lack of understanding of the public protocol. 2) The lower court acquitted on the charge of fraud due to misconception of facts and lack of understanding of the public protocol.

B. The lower court’s sentence of unreasonable sentencing (a fine of KRW 3 million, KRW 100,000 per day, KRW 100,000 per day) is too unjustifiable and unreasonable.

2. Determination

A. The term “crimes that amount to no less than imprisonment without prison labor” as provided in Article 35(1) of the Criminal Act means crimes that amount to a punishment by imprisonment without prison labor or imprisonment without prison labor, and if the sentence selected among the punishment prescribed for the crime is a fine, it cannot be the subject of aggravation of repeated crimes.

(See Supreme Court Decision 82Do1702 delivered on September 14, 1982). The lower court selected a fine for a crime in violation of the Act on the Control of Narcotics, etc., but applied Article 35 of the Criminal Act to commit an illegal act of aggravation of repeated crimes, and thus, the guilty portion of the lower judgment cannot be maintained any more.

B. The lower court rendered a not-guilty verdict on the part of the violation of the Attorney-at-Law Act, on the ground of the circumstances indicated in its judgment.

In addition to the circumstances indicated in the judgment below, considering the following circumstances acknowledged by the evidence duly examined in the court below and the court below, it is difficult to recognize that the defendant received money and valuables from H under the pretext of soliciting or arranging the case or affairs handled by public officials.

The court below is just to have rendered a not guilty verdict on this part of the facts charged, and it is hard to find out any mistake of facts or misapprehension of legal principles.

The Prosecutor’s grounds for appeal on this part are difficult to accept.

(1) The court appeals against the defendant under trial to the competent full bench or appeal against him.