(영문) 수원지방법원 2014.05.15 2013노5303 | 리걸엔진

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(영문) 수원지방법원 2014.05.15 2013노5303

변호사법위반

Text

The judgment of the court below is reversed.

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

The above fine shall be imposed on the defendant.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (limited to imprisonment for one year, two years of suspended sentence, fine of ten million won, additional collection of KRW 6 million) is too unreasonable.

2. The crime of this case is deemed to damage the foundation of the bar system and disrupt sound legal market order, and the nature of the crime is not good. However, in full view of the various sentencing factors in the pleadings of this case, including the fact that there is no particular criminal power except for the punishment of a minor fine, the defendant has been punished among accomplices, and other factors such as the defendant's age, character and conduct, environment, motive, means, and result of the crime of this case, since the sentence imposed by the court below is deemed to be too unreasonable, the defendant's assertion is reasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is also ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 109 subparagraph 1 of the Attorney-at-Law Act applicable to the facts constituting an offense, Article 109 of the Act on the Selection of Punishment, and Article 30 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) and (2) of the Criminal Act on the suspension of execution (i.e., circumstances favorable to the defendant among the grounds for reversal);

1. Article 116 of the Attorney-at-Law Act;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

참조조문

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