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(영문) 대법원 2017.09.21 2017도5573
변호사법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the grounds for appeal by Defendant E and I in light of the relevant legal principles and evidence, the lower court’s judgment that found Defendant E and I guilty of the instant facts charged and ordered additional collection in lieu of the amount indicated in its judgment did not err by misapprehending the legal principles as to the establishment of a crime of violating the law and the calculation of additional collection charges, or by misapprehending the legal principles as alleged in the grounds for appeal.

Meanwhile, pursuant to Article 383 subparag. 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 has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, the argument that the determination of punishment is unfair in this case where Defendant E and I have been sentenced to minor punishment is not a legitimate ground for appeal.

2. While examining the grounds for appeal by Defendant F and J in light of the relevant legal principles and evidence, the lower judgment ordering collection against Defendant F, Defendant F, and J in comparison with the amount in its judgment did not err by misapprehending the legal doctrine on the calculation of the surcharge, failing to exhaust all necessary deliberations, or failing to comply with the rules of evidence, as alleged in the grounds of appeal.

Meanwhile, the argument that the lower court erred by failing to exhaust all necessary deliberations to determine the sentencing and by violating the empirical rule constitutes an unfair determination of sentencing.

Accordingly, under 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 not less than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where Defendant F and J rendered a minor sentence, the argument that the amount of punishment is unfair is not a legitimate ground 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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