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(영문) 의정부지방법원 2015.04.28 2014노2413
변호사법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for six months, two years of suspended execution, 120 hours of community service, 8.7 million won of additional collection, Defendant B: imprisonment for six months of suspended execution, two years of suspended execution, 120 hours of community service, and 1.3 million won of additional collection) is too unreasonable;

2. Determination

A. It is recognized that the Defendants led to the confession and reflect of the instant crime, that there was no record of punishment for the violation of the Attorney-at-Law Act, and that Defendant A deposited KRW 3 million for the victim.

B. However, the Defendants received money under the pretext of solicitation by holding a person who was confined in a detention house on parole. In full view of the following circumstances, the Defendants committed the instant crime during the suspended execution period due to the violation of the Customs Act in the case of Defendant B, and other circumstances that form the conditions for sentencing as stated in the instant pleadings, such as the Defendants’ age, details of the crime, and circumstances after the crime, the lower court’s punishment is too unreasonable even if considering the favorable circumstances in favor of the Defendants as seen earlier.

C. Therefore, the Defendants’ above assertion is without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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