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(영문) 대법원 2014.12.24 2014도9202

공전자기록등불실기재등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment below in relation to Defendant A’s appeal, the court below was just in finding Defendant A guilty of the facts charged of this case on the grounds as stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles on the procedures for convening a general assembly of a clan and the validity of a general assembly resolution, the principle of prohibition against double Jeopardy, legitimate complainants, and abuse of authority to institute prosecution, etc., by failing to exhaust all necessary deliberations,

Other grounds of appeal by Defendant A do not constitute legitimate grounds of appeal under Article 383 of the Criminal Procedure Act.

2. As to the appeal by Defendant C, Article 383 subparag. 4 of the Criminal Procedure Act, the judgment of the court below was affected by grave mistake of facts in the judgment of the court below, only in the case where the punishment of death or imprisonment with or without labor for an indefinite term

Inasmuch as an appeal may be filed on the grounds that there are significant grounds to recognize the amount of punishment or that the amount of punishment is extremely unfair, the argument that only the fact-finding of the lower court or that the punishment is too unreasonable is not a legitimate ground for appeal in this case where a fine is imposed against Defendant C.

3. According to the records with respect to Defendant B, Defendant B did not submit a statement of grounds for appeal within the statutory period, and Defendant B did not state the grounds for appeal in the petition of appeal, and the legitimate grounds for appeal cannot be deemed to have been submitted

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