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(영문) 대법원 2013.05.24 2013도3381
변호사법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below was justified in finding the defendant guilty on the grounds stated in its reasoning.

The lower court did not exhaust all necessary deliberations, as alleged in the grounds of appeal, and did not err by misapprehending the legal principles regarding the requirements for establishment of a crime of violating the Attorney-at-Law Act and the calculation of additional collection charges, etc.

In addition, the argument that the defendant's act constitutes a violation of the Attorney-at-Law Act, not a violation of the Attorney-at-Law Act, shall not be a legitimate ground for appeal, as it is asserted in the ground of appeal that the defendant did not state it as grounds for appeal or

Furthermore, even if ex officio examination is conducted, it is not illegal as alleged in the judgment below.

In addition, pursuant 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 more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of the penalty, including the amount of the surcharge,

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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