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(영문) 대법원 2019.07.24 2019도7681
재물손괴
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by Defendant A, the appellate court shall reverse the judgment of the first instance and render a new judgment, except where the appellate court reverses the judgment of the first instance on the grounds that the judgment of dismissing public prosecution or denying jurisdiction is in violation of the law.

(See Articles 364(6) and 366 of the Criminal Procedure Act. Examining the record, it is evident that the judgment of the court of first instance does not constitute dismissal of public prosecution or adjudication of violation of jurisdiction, which is subject to reversal and transmission.

Therefore, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on the reversal of judgment under Article 364 of the Criminal Procedure Act, thereby infringing Defendant A’

2. As to the grounds of appeal by Defendant B, the lower court upheld the first instance judgment convicting Defendant B of the facts charged on the grounds as stated in its reasoning.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of

Defendant

In this case where a minor sentence is imposed against B, the argument that the punishment is too unreasonable is not a legitimate ground 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.

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