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(영문) 대법원 2016.07.22 2016도7024

변호사법위반

Text

All appeals are dismissed.

Reasons

The defendants' grounds of appeal are examined together.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower court, the lower court was justifiable in maintaining the first instance judgment that ordered the Defendant A to collect additional collection of KRW 1,332,685,208, for the reasons indicated in its reasoning, and there were no errors by misapprehending the legal principles as to additional collection or by misapprehending the legal principles, contrary to what is alleged in the grounds of appeal.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a minor sentence is imposed against the Defendants, the argument that the determination of punishment is unfair is not a legitimate ground for appeal.

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