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(영문) 인천지방법원 2016.04.15 2016노457
변호사법위반
Text

Defendant

I All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant I’s punishment sentenced by the lower court to the above Defendant (the punishment of paragraphs (a) and (1) 1-b. of the first instance court’s judgment) is too unreasonable that the punishment of the above Defendant (the punishment of paragraphs (a) and (1) 1 to 147: imprisonment for 10 months, and the first-B of the judgment of the lower court for 2 times the crime sight table 2: imprisonment for 148 to 159 and the punishment of paragraphs (2) among the crimes committed.

B. The sentence (40 million won) that the lower court sentenced Defendant D to Defendant D is too unhued and unreasonable.

2. Determination

A. As to the grounds for appeal by Defendant I, the above Defendant recognized his mistake and against it, and in some cases, the crime of this case must take into account equity with the case of a violation of the Attorney-at-Law Act (which became final and conclusive on February 4, 2014) in the judgment of the court below, which held after Article 37 of the Criminal Act, with regard to some concurrent crimes. However, the crime of this case is deemed to have been committed by the above Defendant on a systematic basis without qualification as an attorney-at-law and received a large amount of fees. However, the crime of this case constitutes an act of disregarding the purpose of the personal rehabilitation system, which created to aid the economic rehabilitation of an individual by promoting a impruptive application for personal rehabilitation, against the intent of the attorney-at-law system, by promoting a sound legal market order and at the same time, it constitutes an act of impairing the nature of the crime. The above Defendant committed a part of the crime without being able to do so for the period of suspension of the execution of the same crime, and the Defendant’s age, environment, circumstance of this case’s punishment is not recognized.

B. Defendant D’s judgment on the grounds of appeal by the prosecutor is aimed at a fixed profit-making by the attorney-at-law with a sense of duty as an attorney-at-law who defends fundamental human rights and realizes social justice.

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