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(영문) 대법원 2020.06.25 2020도4371
범죄단체가입방조등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

Based on its stated reasoning, the lower court convicted Defendant I and M of the facts charged.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on admissibility of evidence

In addition, the argument that the lower court erred by violating the principle of balanced criminal punishment and the principle of accountability is ultimately an unreasonable sentencing argument.

However, according to 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 not less than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed on the Defendants, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

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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