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(영문) 인천지방법원 2016.03.18 2016노262
변호사법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the background leading up to the instant crime, the period of the instant crime, and the scale of the profit actually acquired by the Defendant (unfair sentencing), the sentence of the lower court (an amounting to KRW 270,00,100) is too unreasonable.

B. In light of the fact that the instant crime causes damage to the foundation of the bar system and the nature of the crime is extremely poor, and the profits acquired by the Defendant are large amounts, the lower court’s punishment is too unreasonable.

2. The crime of this case requires strict punishment in light of the fact that the crime of this case harms the foundation of the attorney system requiring qualification verified for lawful and fair performance of duties, the frequency of the crime and the amount of commission fees, etc. However, the defendant is against the criminal facts. Meanwhile, the period of the crime is less than one year, the defendant has no record of punishment for the same kind of crime, the sentencing case in similar cases and other various circumstances, including the defendant's age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., it is not deemed that the sentence of the court below is too heavy or unreasonable. Thus, each argument by the defendant and the prosecutor is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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