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(영문) 대법원 2014.06.26 2014도3777

폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속협박)등

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All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The lower court, based on its stated reasoning, dismissed each of the charges against the violation of the Punishment of Violences, etc. Act (a collective weapon, etc.), which is the revised facts charged of the instant case, based on the determination that the indictment procedure constitutes null and void in violation of the provisions of the Act.

Furthermore, the lower court rendered a not guilty verdict on the charge of violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) among the facts charged in the instant case on the ground that there is no proof of criminal facts as to the portion of carrying a deadly weapon, and upheld the first instance judgment dismissing the prosecution on the ground that the victim D withdraws his/her wish to punish the Defendant.

Examining the records in light of the relevant legal principles, the above judgment of the court below is just and acceptable.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by recognizing facts against logical and empirical rules or by misapprehending the legal principles on the number of crimes of coercion and coercion.

On the other hand, the prosecutor appealed against the guilty portion of the judgment below, but there is no indication of the grounds for appeal in the petition of appeal and no statement of objection can be found in the appellate brief.

2. As long as a prosecutor files an appeal against a prosecuted case with respect to a medical treatment and custody claim case, the medical treatment and custody case shall be deemed as filing an appeal.

However, there is no entry of reasons in the petition of appeal or there is no entry of reasons for objection in the petition 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.