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(영문) 대법원 2018.01.24 2017도18996
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 as to the grounds for appeal by Defendant A, an appeal may be filed only for a case on which death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been pronounced. As such, in the instant case where a more minor sentence has been imposed against Defendant A, the allegation that the amount of punishment is unreasonable is not a legitimate ground for appeal.

2. Examining the reasoning of the lower judgment on the grounds of Defendant B’s appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found Defendant B guilty of the facts charged in this case. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of free evaluation of evidence against logical and empirical rules, or by exceeding the bounds of free evaluation of evidence, or by misapprehending

In addition, pursuant to 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 more than ten years has been imposed, a final appeal may be filed on the grounds of unfair sentencing. Thus, in this case where Defendant B was sentenced to minor punishment, the argument that the amount of punishment is unfair is not a legitimate ground for final 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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