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(영문) 대법원 2016.05.12 2015도18589

일반교통방해등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the reasons for the prosecutor’s appeal, the lower court reversed the first instance judgment convicting Defendant A, B, C, E, and G on the ground that the facts charged in the instant case constituted a case where there is no proof of the relevant crime, and acquitted the Defendant.

In light of the record, the lower judgment did not err by misapprehending the legal doctrine regarding a joint principal offender or by misapprehending the logical and empirical rules, contrary to what is alleged in the grounds of appeal.

2. Examining the reasoning of Defendant F’s final appeal in light of the relevant legal principles and evidence, the lower court, on the grounds stated in its reasoning, which found Defendant F guilty of all the instant facts charged, did not err by exceeding the bounds of free conviction due to violating logical and empirical rules, or by misapprehending the legal doctrine on specific facts charged, contrary to what is alleged in the grounds of final appeal.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of an unfair sentencing is permitted only when the death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is declared, and thus, in this case where a fine is imposed against Defendant F, the argument that the amount of the punishment is unfair is not a legitimate ground for appeal.

3. As to Defendant H’s appeal, Defendant H did not submit a written ground of appeal within the period for submission of the written ground of appeal, and Defendant H did not state the grounds for appeal in the petition of appeal.

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