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(영문) 대법원 2013.03.28 2013도1150
변호사법위반등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, which maintained the reasoning of the judgment below, the court below was just to have determined that the facts charged of the guilty portion was recognized on the grounds as stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the law of logic and experience and exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal principles on the criminal intent of defraudation in fraud, violation

On the other hand, among the judgment of the court below, the defendant's act of violation of the Attorney-at-Law Act is not a crime by law.

The argument that it is only a violation of the Attorney-at-Law Act, not a violation of the Attorney-at-Law Act, shall not be a legitimate ground for appeal, as alleged in the ground of appeal by the defendant, or by the court below that it is not subject to a judgment ex officio.

Furthermore, even if ex officio examination is conducted, there is no error in the judgment below as 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 or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of punishment is unreasonable

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

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