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(영문) 대법원 2015.10.29 2015도12836
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, it is just for the court below to collect 41,500,000 won from the defendant when it judged that the defendant was guilty of the facts charged in this case on the grounds as stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles as to the imposition of a surcharge by failing to exhaust all necessary deliberations and exceeding the bounds of the principle

In addition, the judgment of the court below is erroneous in incomplete deliberation on the grounds for sentencing.

The argument to the effect that punishment or punishment is too unreasonable is ultimately an argument of unreasonable sentencing.

However, under 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 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 sentencing of the punishment

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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