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(영문) 대법원 2020.03.26 2020도803
변호사법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by Defendant A, the lower court convicted Defendant A of the violation of the Attorney-at-Law Act among the facts charged against Defendant A.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err 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 interpretation and intent under Article 111 of the Attorney-at-Law Act.

In light of the record, the lower court’s trial procedure cannot be deemed as having infringed upon Defendant A’s right of defense.

The argument that the lower court’s determination of sentencing contains an error of misapprehension of legal principles is ultimately an unreasonable sentencing argument.

However, 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 minor sentence is imposed against A, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

2. As to Defendant B’s grounds of appeal, the court of final appeal may examine and determine only to the extent of filing an appeal based on the grounds of final appeal. Therefore, the grounds of final appeal should clearly state the grounds of final appeal, specifying the grounds of final appeal.

Therefore, unless the appellate brief states such specific and explicit grounds of appeal, it cannot be deemed that legitimate grounds of appeal have been submitted.

(See Supreme Court Decision 9Do513 delivered on April 21, 2000, etc.). Defendant B only stated in the appellate brief that “the rules of experience or the rules of evidence are violated” but did not claim specific grounds, and the written appeal is also stated that it filed an appeal on the grounds of “violation of the rules of evidence and the misapprehension of the legal principle” and the specific grounds for appeal.

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