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(영문) 의정부지방법원 2017.06.28 2017노267
변호사법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the judgment by the court below (a punishment of 10 months of imprisonment, 2 years of suspended sentence, 120 hours of community service order) is too unreasonable and unfair (a defendant explicitly withdraws his allegation of misunderstanding of facts and of legal principles on the second trial date of the court below). 2. In full view of the circumstances that the court below rendered on the grounds of sentencing and all the sentencing conditions shown in the records and arguments of this case, it is deemed that the sentence imposed by the court below is appropriate and is too unreasonable, and it is not unfair. Although the defendant led to the confession of the crime of embezzlement that the court below denied by the court below and deposited KRW 1 million to recover from damage, it is difficult to deem that such circumstance constitutes the grounds for sentencing to the extent that the sentence of the court below would be mitigated.

Therefore, the defendant's argument that the above sentencing is unfair is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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