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(영문) 대법원 2017.01.12 2016도16538

변호사법위반

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal by Defendant A’s national defense counsel not timely filed).

1. According to the records on the grounds of Defendant A’s appeal, Defendant A appealed against the judgment of the first instance, and asserted that Defendant A misperception of facts was erroneous on the grounds of appeal on the grounds of appeal, but withdrawn the allegation of mistake of facts on the third trial date of the lower court.

In such a case, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine.

Any assertion shall not constitute a legitimate ground for appeal.

2. Examining the reasoning for Defendant B’s appeal in light of the evidence duly admitted, the lower court’s collection of KRW 725,712,230 from Defendant B, based on the reasons indicated in its reasoning, is justifiable.

In so doing, the lower court did not err by misapprehending the legal doctrine on additional collection as alleged in the grounds of appeal.

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