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(영문) 수원지방법원 2017.08.18 2017노1929
변호사법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

291,200,000 won shall be additionally collected from the defendant.

Reasons

1. Reasons for appeal;

A. The sentence of the lower court (the imprisonment of one year and six months, the surcharge of 291,200,000 won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Considering the fact that the confession of a crime and is against the judgment, the fact that the clients have no record of being punished for the same crime, the clients have suffered damage or has not committed any other illegal act in the course of performing their duties, and the fact that the actual gains from the payment of the expenses or the commission fees paid by the Defendant are not significant compared to the total amount of the commission fees, it is acknowledged that the court below’s punishment is too unreasonable because it is too unreasonable in light of all kinds of sentencing conditions, including the Defendant’s age, sexual behavior, environment, the background of the instant crime, the circumstances before and after the instant crime, etc., comprehensively taking account of the following factors: (a) the fact that many clients have received a considerable amount of money from the clients for a long time, even though they are not attorneys-at-law, and thereby hindering the fairness of legal life and smooth operation of legal order

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 109 subparagraph 1 of the relevant Act and Article 30 of the Criminal Act, the applicable Act and the applicable Act concerning the selection of punishment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The latter part of Article 116 of the Additional Collection Act (the defense counsel, at the request of the lending company, did not pay the principal and interest of the loan to the lending company after the client obtained a loan from the lending company.

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