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(영문) 대법원 2016.12.15 2016도14909
변호사법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act regarding Defendant A’s grounds of appeal, an appeal may be filed on the ground of unfair sentencing only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten

Therefore, in this case where the defendant A was sentenced to a more minor sentence, the argument that the punishment is unreasonable is not a legitimate ground for appeal.

2. Examining the reasoning of the lower judgment on Defendant B’s ground of appeal in light of the evidence duly admitted by the lower court, it is justifiable for the lower court to additionally collect KRW 18.2 million from Defendant B for reasons indicated in its reasoning.

In so determining, the lower court did not err by misapprehending the legal doctrine regarding collection or misconception of facts beyond the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules.

On the other hand, the lower court’s assertion that the lower court’s determination of sentencing erred by violating the principle of equality, the Criminal Act and the Criminal Procedure Act constitutes an unreasonable sentencing

However, as seen above 1. In the instant case where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years was imposed, an appeal may be filed on the ground of unreasonable sentencing. As such, the allegation that the above assertion or punishment is too unreasonable is not legitimate grounds for appeal.

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

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