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(영문) 서울남부지방법원 2018.05.10 2017노1741
변호사법위반등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the imprisonment of eight months, the suspension of execution of two years, community service, 80 hours, and additional collection of two million won) is too unreasonable.

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

2. The Defendant recognized the instant crime and reflected it.

The defendant returned the money received from E.

The damage caused by assault and damage of property is relatively relatively weak.

However, the offense of violation of the Attorney-at-law Act is a violation of the attorney system that prevents an unqualified person from participating in another person's legal case, thereby protecting the interests of interested persons, and promoting the smooth operation of legal order.

There are many criminal records against the defendant, including the criminal records of the suspended sentence of imprisonment.

The judgment below

There is no change in circumstances that will be considered in sentencing after the sentence.

In addition, comprehensively taking account of the Defendant’s age, sex, career, family relation, environment, motive, means, and consequence of the crime, circumstances after the crime, and the criminal experience, the lower court’s punishment is too heavy or is deemed unreasonable as it is too low.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, all appeals filed by the defendant and the prosecutor are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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