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(영문) 대법원 2020.10.15 2019도16760
변호사법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on Defendant B’s grounds of appeal, Defendant B appealed against the judgment of the first instance, and asserted only unfair sentencing as the grounds of appeal.

In such a case, the argument that the lower court erred by misapprehending the legal doctrine cannot be a legitimate ground of appeal.

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 on the grounds of unfair sentencing

Defendant

In this case where a more minor sentence is imposed on B, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

2. As to the grounds of appeal by Defendant C, the lower court upheld the first instance judgment convicting Defendant C of the facts charged, on the grounds as indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the subject of crimes, “mediation”, and “price” in violation of Articles 109 subparag. 2 and 34(2) of the Attorney-at-Law

3. According to the records on Defendant D’s grounds of appeal, Defendant D appealed on the judgment of the first instance, and asserted only unfair sentencing as the grounds of appeal.

In such a case, the argument that the judgment below erred in violation of the rules of evidence cannot be a legitimate ground for appeal.

The argument that the lower court’s determination of sentencing contains an error of infringing on the essential contents of the principle of balanced criminal punishment or the principle of responsibility, constitutes an allegation of unfair sentencing.

However, as seen above, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed.

Defendant

D. A more than D.

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