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(영문) 대법원 2016.06.09 2016도4449
변호사법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the judgment below as to Defendant A’s grounds for appeal in light of the evidence duly admitted by the court below, the court below is just in finding Defendant A guilty of the facts charged in this case for the reasons indicated in its holding, and there is no error of law by misapprehending the scope of attorney’s duties in violation of the defense justice or the legal principles as to joint principals, as alleged in the grounds for appeal.

In addition, the argument that the judgment of the court below is erroneous in omitting judgment on the elements of sentencing is an unfair argument of sentencing.

However, 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, an appeal may be filed on the grounds of unfair sentencing. Thus, the argument that the determination of a sentence is unfair in this case where a minor sentence has been imposed against Defendant A is not a legitimate ground for appeal.

2. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds of appeal by Defendant B, only in the case where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been pronounced, an appeal based on unfair sentencing is allowed. As such, in the instant case where Defendant B was sentenced to a more minor punishment, 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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