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(영문) 서울남부지방법원 2016.09.30 2016고단3034
변호사법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant appears to have been subject to one-month disciplinary action of suspension from office by the Korean Bar Association on March 30, 2015, and on April 14, 2015, in light of Article 11, 44, and 84 of the Evidence Record of April 14, 2015, “the April 16, 2015” as stated in the indictment is deemed to be a clerical error in the “Act April 14, 2015.” Moreover, even if it was corrected without any amendment to the indictment, it does not seem to have a substantial impediment to the Defendant’s exercise of the right to defense.

The decision of suspension from office was notified, and the decision of suspension from office became final and conclusive from May 15, 2015 to June 14, 2015, as it did not raise an objection within 30 days.

around 14:00 on May 18, 2015, the Defendant appeared as the Defendant’s legal representative in the Seoul Northern District Court located in 749, Dobong-gu Seoul, Seoul, Seoul, and in the conciliation procedure of this case’s claim No. 2014Ga group 120352.

From that time until May 29, 2015, the Defendant appeared at a trial or mediation procedure, etc. over a total of 12 occasions, such as the list of crimes in the attached Table.

Accordingly, the defendant violated the suspension decision and performed the lawyer's duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. The application of Acts and subordinate statutes to the head of the accusation, attached documents, copy of the notice of disciplinary decision, copy of the letter of notice of disciplinary decision, copy of the mail delivery certificate, copy of the mail inquiry, copy of the request for disciplinary action, copy of the circumstance, copy of the written reply, copy of the written reply, copy of the written reply, copy of the written reply, copy of the decision of disciplinary action, output of the search result of the case at court, output of the search result of the case at issue (Seoul Southern 201

1. Relevant Article of the Act and subparagraph 4 of Article 112 (Selection of Imprisonment with prison labor) of the Judicial Protection Act applicable to the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) is committed by the defendant in violation of the decision of suspension from office.

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