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(영문) 대법원 2021.01.14 2018도17912
변호사법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds for Defendant A’s appeal, the lower court convicted Defendant A of the facts charged, on the grounds stated 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 meaning of “mediation of acceptance of legal cases or legal affairs” prohibited under Article 34(3) of the Act, and on the intentional violation of the law by an attorney-at-law.

2. As to the grounds for Defendant B’s appeal, the lower court convicted Defendant B of the facts charged on the grounds stated 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 meaning of “a referral of commission of legal cases or legal affairs” prohibited under Article 34(3) of the Act.

3. As to the grounds for appeal by Defendant C, the lower court convicted Defendant C of the facts charged, on the grounds stated 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 meaning of “mediation of acceptance of legal cases or legal affairs” prohibited under Article 34(3) of the Act, the scope of “an advertisement by an attorney” permitted under Article 23 of the Act, and the intent of violation of the law of defense, etc.

4. 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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