logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2014.02.13 2013노6088
변호사법위반등
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B shall be punished by a fine of KRW 2,000,000.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. The punishment of Defendant A (one year of imprisonment and additional collection of KRW 40,207,00) is too unreasonable.

B. The lower court’s respective sentences (as above, Defendant A, Defendant B: fine of KRW 1,00,000 and penalty of KRW 2,350,000) against the Defendants by the public prosecutor are deemed to be too uneasy and unreasonable.

2. Determination

A. As to the assertion of unfair sentencing against Defendant A and the prosecutor, the defendant recognized each crime, committed a mistake, committed a criminal offense against the defendant, committed a criminal offense against the defendant, did not have any criminal punishment against the defendant, but had the record of criminal punishment for suspended execution by fraud in 2005, reported false lien, which affected the participation in the auction and the decision of the bid price is highly likely to be subject to criticism as a crime detrimental to the fairness of auction and the interests of creditors' dividends, violation of the Attorney-at-Law Act, which damages the foundation of the attorney system and disturbs sound legal market order, and all the sentencing conditions of the defendant's age, character, health, home environment, circumstances, methods and results of the crime, profits from the crime, and circumstances before and after the crime, etc. are considered as a whole, and all the sentencing conditions of the argument of this case, including the defendant's age, character and behavior, health

B. Although the prosecutor's decision on the assertion of unfair sentencing on Defendant B's assertion of unfair sentencing is accepted for each of the crimes, it is against the mistake, and the violation of the Attorney-at-Law Act is an initial offender who has no previous record, etc. Meanwhile, the violation of the Attorney-at-Law Act is detrimental to the foundation of the attorney-at-law system and disturbs the sound legal market order. In addition, considering the defendant's age, character and behavior, family environment, background, method and result of the crimes, profits from the crimes, frequency of the crimes, circumstances before and after the crimes, etc., the court below's punishment is too unreasonable.

3. Conclusion, Defendant A and Prosecutor.

arrow