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(영문) 의정부지방법원 2017.11.13 2017노1585
공문서위조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

358,622,800 won shall be additionally collected from the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (two years of imprisonment, additional collection KRW 358,622,80) is too unreasonable.

2. On October 16, 2017, the court below sentenced the Defendant to two months of imprisonment with prison labor for a crime of violating the Defense Act at the District Court of the Republic of Korea on October 16, 2017, and decided on October 24, 2017.

“Around February 2012, Article 39(1) of the Criminal Act was added to “Article 37 of the Criminal Act,” and Article 39(1) of the Criminal Act stipulates that “The Defendant, at the office of “Law Firm E” located in the third floor of the Seocho-gu Seoul Metropolitan Government D D Building, he/she provided that “The Defendant shall pay F office cost of KRW 600,000 per month to the head of F office and KRW 65,000 per case and shall handle the case independently by accepting the case, such as personal rehabilitation, in the name of G attorney.”

On February 2, 2012, the Defendant received KRW 1.5 million from the client Q in the case of individual rehabilitation from the law firm E office and accepted the case in the name of G attorney-at-law, and then prepared and submitted an application for individual rehabilitation to the court. From June 10, 201 to February 26, 2014, the Defendant received total of KRW 118,79,000 from June 10, 201 to February 26, 2014, and received total of KRW 87 personal rehabilitation, bankruptcy, etc., including the case of individual rehabilitation and bankruptcy, and performed legal affairs independently in the name of G attorney-at-law.

The judgment of the court below was no longer maintained because the application for changes in the bill of amendment was filed and the case was changed by this court's permission.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment below is reversed and it is decided as follows.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are all the criminal intent of the judgment of the court below. "The defendant is a violation of the defense justice in the Jung-gu District Court on October 16, 2017.

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