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(영문) 서울서부지방법원 2013.10.24 2013노628
변호사법위반등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The summary of the grounds for appeal by the Defendant is 1) The Defendant violated the Attorney-at-Law Act (the mistake or misapprehension of legal principle). The Defendant handled only a series of affairs accepted by the Defendant F in relation to the scope prescribed as the duties of a licensed administrative agent by the victim F, and did not receive money, goods, entertainment, and other benefits regarding the part exceeding the scope of the duties of the licensed administrative agent. Even if the Defendant is found guilty of all the charges, the judgment of the court below which recognized the Defendant as the violation of the Attorney-at-Law Act as the violation of the Attorney-at-Law Act is erroneous by misapprehending the legal principles or by misapprehending the legal principles, thereby affecting the conclusion of the judgment. 2) Although the Defendant prepared and submitted an application for transfer of private documents with the victim K’s consent, the Defendant was not forged,

3) The sentence imposed by the lower court on the grounds of unreasonable sentencing (a total of KRW 10 million, additional collection of KRW 7 million) is too unreasonable. (b) In full view of the evidence submitted by the prosecutor by mistake of facts and the facts acknowledged by the lower court, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, even though there is sufficient evidence to prove the violation of the Attorney-at-Law Act of September 11, 2010, and the facts acknowledged by the lower court.

2) The sentence imposed by the lower court on the grounds of unreasonable sentencing (a total of KRW 10 million) is too unhued and unreasonable.

2. Judgment on the mistake of facts and misapprehension of legal principles by the defendant

A. misunderstanding of legal principles as to violation of the Attorney-at-Law Act

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