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(영문) 대구지방법원 2013.12.19 2013노1999
변호사법위반
Text

All appeals filed by prosecutors and Defendant B shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence sentenced by the court below to the Defendants (the sentence of two years of probation, fine of ten million won in the imprisonment of October, the sentence of two years of probation, probation, community service order 120 hours in the imprisonment of eight months, and the sentence of two years of probation in the imprisonment of eight months) is too unreasonable.

B. The sentence imposed by the lower court against Defendant B is too unreasonable.

2. We also examine the judgment and the Defendant B’s assertion of unreasonable sentencing.

The Defendants committed a crime continuously over a long period of time without a large number of claims acquired and collected by the Defendants. Many of the claims acquired by the Defendants were extinguished by the extinctive prescription, and the debtors appear to have sought profits by using the fact that they failed to raise objections against the payment order, etc. In the case of Defendant B, the fact that the assignment contract was forged in order to obtain an execution clause for succession in the course of debt collection, etc. is disadvantageous to the Defendants.

On the other hand, the Defendants are fully recognized as committing the crime, and they are against the fact that they do not repeat the crime; the Defendants’ debt collection itself appears to have been conducted in a peaceful manner; Defendant A and B did not have any previous criminal records and no criminal records beyond the suspension of execution; Defendant C did not have any specific criminal records except the suspended execution due to the violation of the Attorney-at-Law Act in around 2002.

In full view of the circumstances indicated in the records and arguments such as the above-mentioned relationship, other ages, character and conduct, environment, the circumstances of each of the instant crimes, and the circumstances after the commission of the crime, it is unfair that the sentence imposed by the court below is too uneasible and unreasonable.

It is not considered unfair because the sentence imposed on Defendant B is too unreasonable.

Prosecutor and Defendant B.

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