2013No28 Violation of the Attorney-at-Law Act

A person shall be appointed.

Defendant

Yellowia (prosecutions) and Jinsung (Public Trial)

Attorney Park Sang-hoon

Law Firm Maduk, Attorneys Choi Jong-chul, Lee Chang-chul, Lee Chang-gu, Gyeong-gu, Kim Jong-young

Iron, Kim Gyeong-Gyeong, Kim Gyeong-Gyeong

Ulsan District Court Decision 2012No3003 Decided December 21, 2012

March 6, 2013

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

20 million won shall be additionally collected from the defendant.

1. Summary of the grounds for appeal;

In light of the overall circumstances of this case, the punishment (the punishment of 8 months imprisonment and the collection of penalty) imposed by the court below is too unreasonable.

2. Determination

Although the crime of this case is a crime detrimental to the trust in judicial order and has an unfavorable condition, such as the nature of the crime is not good, the crime of this case is committed in consultation with B, the contributor of the 20 million won that the defendant received, and B wishes to take the preference against the defendant, and the defendant did not have the same criminal record and reflects his wrong.

Considering that the defendant's age, character and conduct, environment, motive and background of the crime, and the situation of the crime after the crime, etc., the defendant's assertion is unreasonable since the sentence imposed by the court below is somewhat inappropriate.

3. Conclusion

If so, the defendant's appeal is reasonable, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts and summary of evidence

The summary of the facts constituting an offense and evidence recognized by this court shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act as it is, as stated in the corresponding column of the judgment below.

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Paragraph 1 of Article 111 of the Attorney-at-Law Act, Selection of Imprisonment

1. Suspension of execution;

Article 62(1) of the Criminal Act (General Considerations in favor of the Parties)

1. Collection;

Article 116 of the Attorney-at-Law Act

Justices Kim Dong-young

Judges Kim Jong-jin

Judges Sung-man