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(영문) 수원지방법원 2017.11.09 2017노2868
변호사법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor’s appeal (unlawful in sentencing) is that the Defendant has been engaged in the instant business repeatedly by accepting only the attorney-at-law’s duties despite the absence of the attorney-at-law’s qualification, and that there is a need to strictize the illegal acceptance activities of bromoers without the attorney-at-law. In light of the above, the lower court’s sentence that sentenced 20 million won a suspended sentence of 1 year and additional collection of 27 million won is too unreasonable.

2. In full view of the facts alleged in the grounds of appeal, the lower court’s punishment is too unfasible and unfair, even if considering the circumstances alleged in the grounds of appeal, given that there is no record of criminal punishment, and all the conditions of sentencing as shown in the records and arguments, such as the degree of participation in the crime, the Defendant’s age, sexual conduct, environment, motive and background of the crime, degree of damage, and circumstances after the crime. Therefore, the above assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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