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(영문) 대법원 2016.04.29 2016도2863

폭행

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Even if examining the relevant legal principles and evidence, the lower court did not err by misapprehending the legal doctrine regarding the defense of a political party or legitimate act in violation of logical and empirical rules, contrary to what is alleged in the grounds of appeal.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years is granted, and an appeal is granted on the grounds of an unfair sentencing. Thus, the argument that the sentence is unfair because it is too unreasonable for the defendant to be sentenced to a fine is not a legitimate appeal.

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