(영문) 수원지방법원 2017.06.22 2017노2438 | 리걸엔진

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(영문) 수원지방법원 2017.06.22 2017노2438

변호사법위반

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (a year of imprisonment, an additional collection of KRW 73,250,00) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The circumstances favorable to the defendant include: (a) the fact that the defendant recognized all of his/her crimes; (b) there is no record of punishment for the same kind of crime; and (c) the fact that there is no special problem among the accepted cases.

On the other hand, the crime of this case is a situation unfavorable to the defendant, such as the fact that an unqualified person was unable to intervene in another person's legal case, thereby protecting the interests of interested persons, protecting the fairness of legal life, and promoting the smooth operation of legal order, etc., which is contrary to the purport of the defensive justice, and thus disturbs the sound trade order of the legal market, and thus, it is necessary to strictize it. The defendant accepted the case over 253 times, and the total sum of the fees was exceeded 250 million won, etc.

As above, the lower court appears to have determined the punishment in consideration of various favorable and unfavorable circumstances to the Defendant, and there is no special change in the depth of the case.

In addition, comprehensively taking into account all the sentencing conditions indicated in the records of this case, such as the defendant's age, sex, environment, circumstances after the crime, and circumstances after the crime, it is difficult to view the sentencing of the court below is too heavy or unreasonable since it is difficult to view the sentencing of the court below as unfair. Therefore, each of the above arguments by the defendant

3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, it is dismissed in entirety in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

유사 판례

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