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(영문) 대구지방법원 2016.07.07 2015노3304
변호사법위반등
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B. The Prosecutor A is not guilty. The Prosecutor is the Defendant A.

Reasons

1. Summary of grounds for appeal;

A. Defendant B (misunderstanding of facts and Sentencing of sentencing) The lower court deemed that Defendant B received KRW 1 million in cash from Defendant B in return for the legal counseling and preparation of legal documents.

In view of the fact that Defendant B recognized the establishment of a crime of violation of defense justice, but this part of the facts charged is sufficiently proven.

Therefore, the judgment of the court below is erroneous in the misapprehension of facts as to Defendant B.

2) Even in a case where the above facts charged against the defendant are acknowledged, it is unfair that the punishment against the defendant B (the penalty amount of KRW 3 million, the penalty amount of KRW 1 million) of the court below is too unreasonable.

B. It is unreasonable that the lower court’s sentence against Defendant B and the sentence against Defendant A (a prison term of 8 months, a suspended sentence of 2 years, 13.6 million won) are too uneased and unreasonable.

2. Determination

A. Determination as to Defendant B’s assertion of mistake of facts 1) No person who is not an attorney-at-law shall receive or promise to receive money, valuables, entertainment or other benefits, or offer or promise to offer such things to a third party, and shall conduct appraisal, representation, arbitration, settlement, solicitation, legal consultation, preparation of legal documents, etc. with respect to litigation cases, cases under investigation conducted by an investigative agency, etc.

Nevertheless, even if the Defendant is not an attorney-at-law, at the H office of the Daegu District Public Prosecutor's Office around 10:00 on November 14, 2013, the Defendant provided I with the first case at the office of the Daegu District Public Prosecutor's Office, and provided I with the first case at the office around 10:40 on December 17, 2013, provided I with the second case at the above office and provided the second legal counseling and counseling with I with the first case at the S cafeteria located in Daegu-gu Ra, and provided legal counseling and counseling with I again after entering into the above office at around December 21, 2013 with A and I, and provided the first case at the U cafeteria located in Busan-si, with the first stop at the coffee shop during the period from November 14, 2013 to February 27, 2014.

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