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(영문) 서울남부지방법원 2020.02.13 2019노2482
사기등
Text

All appeals filed by the prosecutor against the Defendants and Defendant A are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months, imprisonment with prison labor for four months and suspended execution for three years) that the court below sentenced (e.g., imprisonment with prison labor for six months, with prison labor for four months and with prison labor for three years) is too minor or unreasonable (the prosecutor and the defendants A)

2. The crime of violation of the Attorney-at-Law Act is highly likely to prejudice the interests of the parties or interested persons, and the nature of the crime is not good, and the defendants used the address of the victim suffering from the difficulty, which is more unfavorable to the defendants.

On the other hand, the fact that the Defendants were to have led to each of the crimes of this case against which they were judged to have led to the trial, and that they were to repent of their errors is favorable to the Defendants.

In full view of such circumstances, the sentencing of the lower court does not seem to be excessively and excessively less severe than the scope of reasonable discretion, taking account of various circumstances, including the Defendants’ age, character and conduct, environment, relationship with the victims, motive and consequence of the crime, and circumstances after the crime.

The Prosecutor and Defendant’s assertion of unreasonable sentencing cannot be accepted.

3. In conclusion, since the prosecutor's appeal against the defendants and the defendant A's appeal are 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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