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(영문) 대법원 2016.01.14 2015도15896

폭력행위등처벌에관한법률위반(공동상해)

Text

All appeals are dismissed.

Reasons

1. The grounds of appeal by Defendant A are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment, the court below was just in finding the Defendant guilty of the charges of this case on the grounds stated in its reasoning, and contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles on the defense of a party by exceeding the bounds of free evaluation of evidence against logical and empirical rules or by misapprehending the legal principles on the legitimate defense.

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

2. Defendant B’s appeal is examined.

Defendant

B did not submit a statement of reason for appeal within the statutory period, and the petition of appeal does not indicate the reason for appeal.

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