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(영문) 대법원 2017.06.29 2017도6062

폭행등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the Defendant’s appeal in light of the relevant legal principles and evidence, the lower court, on the grounds stated in its reasoning, found the Defendant guilty of the injury to the Victim N, assault and intimidation against the Victim BB, obstruction of performance of official duties, and obstruction of business, did not err by misapprehending the legal doctrine on the force of interference with business and the defense of a political party, contrary to what is alleged in the grounds of appeal.

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 not less than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence has been imposed against the defendant, the argument that the amount of punishment is unfair is not a legitimate

2. On the grounds of the Prosecutor’s appeal, the lower court reversed the first instance judgment convicting the Defendant on the ground that the Defendant did not constitute a justifiable act as to the assault against the Victim BH among the facts charged in the instant case and rendered a judgment of not guilty.

In light of the relevant legal principles and records, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against the rules of evidence, or by misapprehending the legal doctrine on justifiable acts, as alleged in the grounds of appeal.

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