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(영문) 대법원 2018.03.27 2018도1092
변호사법위반
Text

All appeals are dismissed.

Reasons

1. The defendant's appeal is examined;

The lower court convicted the Defendant of the facts charged of the instant case (excluding the portion not guilty of the grounds).

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on the crime of violating the defense justice, contrary to what is alleged in the grounds of appeal.

According to Article 383 (4) of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is declared, an appeal can be filed on the grounds of unfair sentencing.

Therefore, in this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

2. The prosecutor's appeal is examined.

Of the facts charged in the instant case, the lower court acquitted the Defendant on January 14, 2015, on the ground that there was no proof of crime regarding the violation of self-defense justice.

The judgment below

Examining the reasoning of the lower judgment in light of the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the crime of violating the law of defense.

3. The appeal by the defendant and the prosecutor is without merit, and all of them are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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