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(영문) 대법원 2018.02.28 2017도20648
변호사법위반
Text

All appeals are dismissed.

The relevant provisions of the first instance court’s “the application of statutes” are applicable to “1. Criminal facts.”

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the grounds of Defendant A’s appeal in light of the relevant legal doctrine and the evidence duly admitted, it is justifiable for the lower court to have determined that Defendant A was guilty of the facts charged in the instant case, and to maintain the first instance judgment that collected 103,50,000 from the said Defendant, on the grounds indicated in its reasoning.

Contrary to the allegations in the grounds of appeal, there is no error of misapprehending the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or in violation of Article 109 of the Defense Acquisition Program Act and the legal principles as to collection by an attorney under Article 116 of the Act, thereby affecting the conclusion of the judgment.

2. According to the records on the grounds of Defendant B’s appeal, Defendant B appealed against the judgment of the first instance, and asserted that Defendant B erred and misunderstanding of legal principles as well as unfair sentencing on the grounds of appeal, but revoked the grounds of appeal other than unfair sentencing on the second trial date of the lower court.

In such a case, the argument that the lower court erred in violation of the law, violation of the rules of evidence, misunderstanding of the legal principles on additional collection, etc. is not a legitimate ground for appeal.

In addition, according 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 not less than ten years is imposed, an appeal shall be allowed on the grounds of unfair sentencing.

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

3. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for appeal by Defendant C, only the cases on which death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is pronounced, an appeal may be filed on the grounds of unfair sentencing.

Therefore, in this case where the defendant C was sentenced to a more minor punishment, the argument that the punishment is too unreasonable is legitimate.

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