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(영문) 대법원 2016.07.14 2016도6393

폭력행위등처벌에관한법률위반(공동폭행)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal not timely filed).

The judgment below

Examining the evidence duly adopted by the first instance court, which maintained the reasoning of the judgment, the court below was just in finding the Defendant guilty of all the charges of this case on the grounds as stated in its holding. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the law of logic and experience and exceeding the bounds of free evaluation of evidence, or by misapprehending the legal principles as to legitimate defense or legitimate acts.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a fine is imposed against the defendant.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.