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(영문) 대법원 2020.03.12 2019도19256
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The lower court found Defendant A guilty of violating the Punishment of Violences, etc. Act (hereinafter “The Punishment of Violences Act”) among the facts charged against Defendant A on the grounds as stated in its reasoning.

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 the establishment of a crime of violation of the Punishment of Violences Act (Organizational Activity of Organizations, etc.).

2. On the grounds as indicated in its reasoning, the lower court found Defendant B and C guilty of the violation of the Punishment of Violences Act (Organizational Activity of Organizations, etc.) due to the activities of members of Gwave among the facts charged against Defendant B and the violation of the Punishment of Violences Act (Organizational Activity of Organizations, etc.) among the facts charged against Defendant C.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the establishment of a crime of violation of the Punishment of Violences Act

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 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 on Defendant B and C, the argument that the punishment is too unreasonable is not legitimate grounds for appeal

3. The lower court convicted Defendant D and E of the violation of the Punishment of Violences Act (Organizational Activity of Organizations, etc.) among the facts charged against Defendant D and E on the grounds as indicated in its reasoning.

The judgment below

evidence duly admitted that has duly adopted the reasons.

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