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(영문) 대법원 2017.06.29 2017도5737
변호사법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In light of the relevant legal principles and records, the lower court did not err by misapprehending the legal principles as to the requirements for recognition of admissibility of evidence under Article 314 of the Criminal Procedure Act, the establishment of a joint principal offender, res judicata effect of final and conclusive judgment, and the calculation of additional collection charges in violation of the law, without failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, in the lower judgment that found the Defendant guilty of the instant facts charged and ordered the additional collection of the amount as stated in its reasoning

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 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 a more minor sentence has been imposed against the defendant, the argument that the amount of punishment is unfair is not a legitimate

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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