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(영문) 서울동부지방법원 2014.01.24 2013노1393
변호사법위반
Text

The judgment of the court below is reversed.

Defendant

The punishment against A shall be 8 months, and the punishment against Defendant B shall be 5 months, respectively.

Reasons

1. The summary of the grounds for appeal is unfair because each sentence (the defendant A: imprisonment of 8 months, the additional collection of 10 million won, the imprisonment of 8 months, and the additional collection of 5 million won) declared by the court below against the defendants is too unreasonable.

2. The crime of this case committed by the Defendants is a form of crime that directly collapses the people's trust in criminal justice, and the nature of such crime is heavy, and there is a considerable social need to punish such crime. The Defendants are required to play a role for the fair judicial function of the State as a person engaged in legal business through long-term public office life, but rather, they committed such crime. Defendant B again committed the crime of this case during the period of repeated crime for which three months have not passed since having been sentenced to imprisonment for January 1 and one year, and Defendant B was released from prison, and three months have not passed since it was committed again during the period of repeated crime.

However, in light of the fact that the Defendants recognized their mistakes, the lower court made a deposit of KRW 7 million for E, which is the property victim of the instant crime at the lower court, and subsequently agreed to pay KRW 28 million in addition to the first instance court. Defendant A, who has no criminal record, was a primary offender with no criminal record, and the motive and background leading up to the instant crime, the degree and role of the Defendants, the amount of profits acquired, the size of the profits acquired, the circumstances before and after the instant crime, the Defendants’ age, character and conduct, environment, occupation, and family relationship, and other circumstances that are conditions for sentencing as specified in the records, the sentence imposed by the lower court is somewhat unreasonable.

3. In conclusion, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is reversed, and the judgment below is delivered again after pleading.

Criminal facts

The summary of the evidence and the facts charged by the court against the defendants and the summary of the evidence are shown in each corresponding column of the judgment below.

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