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(영문) 대법원 2013.03.28 2013도1337

폭력행위등처벌에관한법률위반(공동공갈)

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All appeals are dismissed.

Reasons

The grounds of appeal are examined.

In light of the records, the court below's finding the Defendants guilty of the facts charged in this case on its grounds as stated in its reasoning is acceptable, and there is no error of law by misunderstanding facts in violation of logical and empirical rules, contrary to the allegations in the grounds of appeal.

In addition, Defendant C’s assertion that the failure to examine as a witness of the J which made a statement unfavorable to the investigative agency is unlawful is not a legitimate ground of appeal, as it is alleged in the ground of appeal by the above Defendant as the ground of appeal or by the lower court as being subject to ex officio determination.

In addition, even if the record is examined, it cannot be said that there is an error as alleged.

Meanwhile, according to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing may only be filed in cases where the court below rendered a sentence of death or imprisonment with or without prison labor for an indefinite term or for not less than ten years. Thus, an appeal by the Supreme Court is not allowed on the grounds that the sentencing of the Defendants is unfair.

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