(영문) 창원지방법원 2014.01.23 2013노2287 | 리걸엔진

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(영문) 창원지방법원 2014.01.23 2013노2287

변호사법위반

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months and by a fine of five thousand won.

except that this judgment.

Reasons

1. The defendant asserts that the summary of the grounds for appeal is unfair because the punishment imposed by the court below (two months of imprisonment and five million won of fine) is too unreasonable, and the prosecutor asserts that the punishment imposed by the court below is too uneasible and unfair.

2. We examine both parties’ assertion of unfair sentencing.

The crime of this case is committed by the defendant, working as an attorney-at-law office's office's office's office's office's office's office's interrogation of the suspect prior to detention due to the charge of violating the Game Industry Promotion Act, and the detention warrant was dismissed and released. The defendant received KRW 1,00,000,000 to the J, the owner of GPC bank's office's office's office's staff, and received KRW 6,00,000,000 to the prosecutor's office's office's staff because it is necessary to give money to the police officer who was accused of fraud, and received KRW 6,00,000 to the prosecutor's office's staff. Such crime is committed as an act that seriously damages the people's trust to the investigation agency's office's investigation agency and the

Meanwhile, in full view of all the circumstances that are favorable to the defendant, such as the fact that the defendant confessions and reflects all the crimes, that the defendant returns all the money that the defendant received to J and P, that do not actually affect each criminal case due to the defendant's violation of the Attorney-at-Law Act, that the defendant does not have the same criminal records, and that there is no same kind of criminal records, the circumstances and results of the crime in this case, and the circumstances that are conditions for sentencing as shown in the records and arguments, it is deemed that the punishment of the court below is unfair.

3. In conclusion, the prosecutor's appeal is without merit and the defendant's appeal is with merit. Thus, the judgment of the court below is reversed and it is decided as follows.

The judgment of the court below is reversed on the grounds that the defendant's appeal is justified.

참조조문

-변호사법

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