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(영문) 대법원 2015.11.12 2015도9074
폭행등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to the Defendant’s grounds of appeal, an appeal may be filed on the ground that the judgment of the court below affected the judgment or that the amount of punishment is unreasonable, on the grounds that there is a misunderstanding of a serious fact in the judgment of the court

Therefore, in this case where a more minor punishment was imposed against the defendant, the argument that the court below erred in finding facts or that the amount of punishment is unreasonable is not a legitimate ground for appeal.

Furthermore, even if examining the record, the lower court did not err by misapprehending the legal doctrine as otherwise alleged in the ground of appeal.

2. According to the reasoning of the lower judgment on the grounds of appeal by the prosecutor, the lower court is justifiable to reverse the first instance judgment and acquitted the Defendant on the charge of violating the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. against Victims L and N among the facts charged in the instant case, on the grounds stated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by misapprehending the legal doctrine on the

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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