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(영문) 울산지방법원 2013.09.13 2013노483
변호사법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case, the punishment imposed by the court below (such as a fine of three million won, etc.) on the defendant is too uneasible and unreasonable.

2. The instant crime is a crime that undermines trust in judicial order and is not well-grounded in such unfavorable circumstances. However, in full view of the following factors: (a) the Defendant did not receive the money from B in addition to receiving five million won from F, which is the mother of B; (b) the Defendant did not have any other penal power, as well as the one-time penalty power; (c) the Defendant reflects his fault; and (d) other sentencing conditions, including the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., the Defendant’s sentence imposed by the lower court is deemed unreasonable, and thus, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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