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(영문) 대법원 2014.11.27 2014도12411
폭력행위등처벌에관한법률위반(공동공갈)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court as to the Defendant A and C’s grounds of appeal, the lower court was justifiable to have found Defendant A and C guilty of all of the facts charged in the instant case, on the grounds indicated in its reasoning, of violation of the Punishment of Violences, etc. Act No. 2, No. 3, No. 2, No. 3, No. 4,8, 11, and No. 12 from among the facts charged in the instant case against Defendant A and C (hereinafter “crime List”), and each of the frauds No. 2, No. 4, No. 3, 4,8, 11, and 12 from among the facts charged in the instant case, and there were no errors by exceeding

In addition, the argument that the court below erred by exceeding the limit of the discretionary authority for sentencing is the argument of unfair sentencing.

However, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed against Defendant A and C, the argument that the amount of punishment is unreasonable is not legitimate

2. According to the records as to Defendant B’s grounds of appeal on the grounds of appeal, Defendant B, while appealed against the judgment of the court of first instance, committed a violation of the Punishment of Violences, etc. Act (joint conflict) No. 3 through 5 of the crime committed in the indictment of this case as well as each of the charges of this case, committed a fraud No. 1 of the crime sight table (2) per annum, each of which is recorded in the crime sight table (5), each of which is recorded in the crime sight table (6) 1, 3 or 8, committed a year, each of which is committed committed fraud No. 2 of the crime sight table (6) 1, 3 or 8, a mistake of facts as to attempted fraud, and each of which is committed a fraud No. 6 and 7 of the crime sight table (6) per annum.

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