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(영문) 대법원 2018.04.26 2018도1950
변호사법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal against Defendant A is permitted only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is pronounced.

Defendant

In this case where a more minor sentence is imposed against A, the argument that the judgment of the court below erred by infringing on the essential contents of the principle of the punishment and the principle of the responsibility for the crime by violating the rules of evidence and hearing due to the lack of facts on the basis of sentencing is ultimately an unfair argument in sentencing, and thus, is not a legitimate

2. According to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal may be filed against Defendant C, D, G, H, and K on the ground that the judgment of the court below was affected by grave mistake of facts, only in the case where the death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been pronounced.

Therefore, in this case where the above defendants were sentenced to a more minor punishment, the argument that the court below's judgment on the selection of evidence and probative value or its factual basis is not a legitimate ground for appeal 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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