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(영문) 대법원 2013.04.25 2013도2325

폭력행위등처벌에관한법률위반(공동공갈)

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All appeals are dismissed.

Reasons

We examine the grounds of appeal.

1. According to the records on Defendant C’s grounds of appeal, the Defendant appealed against the judgment of the first instance, and asserted only unfair sentencing as the grounds for appeal.

In such a case, the court below erred in the misapprehension of legal principles or incomplete hearing as to the number of crimes of public conflict.

Any assertion that there is an error against the principle of presumption of innocence shall not be a legitimate ground for appeal.

Furthermore, even in examining records, the lower court did not err by misapprehending the legal doctrine as alleged by the Defendant.

2. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to Defendant A’s grounds of appeal, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years has been imposed, and thus, in this case where a minor sentence has been imposed against the Defendant, the allegation that the sentencing of the

Furthermore, even in examining records, the lower court did not err by misapprehending the legal doctrine as alleged by the Defendant.

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