beta
(영문) 대법원 2014.01.16 2013도13941

변호사법위반

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the lower court and the first instance court in light of the evidence duly admitted, it is justifiable to affirm the lower court’s judgment that found the Defendant guilty of the instant facts charged on the grounds stated in its reasoning, and to maintain the first instance judgment that ordered the Defendant to collect KRW 296.5 million. In so doing, contrary to what is alleged in the grounds of appeal, there were no errors of misapprehending the legal principles as to the violation of the Attorney-at-Law Act and the calculation of surcharge by failing to exhaust all necessary deliberations and exceeding the bounds of

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is permitted. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the court below erred in finding the facts constituting the conditions for

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.