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(영문) 대법원 2013.04.11 2012도15895
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)
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 as to the grounds of appeal by Defendants E, G, A, and B, the lower court is justifiable to have determined the Defendants guilty of the facts charged of this case (excluding the part on which judgment of acquittal, dismissal of prosecution, and not guilty) on the grounds indicated in its reasoning. In so doing, the lower court did not err by misapprehending the bounds of the principle of free evaluation of evidence in violation of

In addition, among the grounds of appeal, the allegation that there is an error of law in the misapprehension of legal principles as to a legitimate act under Article 20 of the Criminal Act as to the violation of the Punishment of Violences, etc. Act among the charges against Defendant B (joint injury) shall not be a legitimate ground of appeal, since the above defendant's grounds of appeal are the grounds of appeal, or that the court below

In addition, pursuant 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 has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where the above Defendants were sentenced to a more minor punishment, the argument that the amount of punishment is unreasonable cannot

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, it is justifiable to maintain the first instance judgment that acquitted the Defendant on the ground that there was no proof of crime regarding the violation of the Punishment of Violences, etc. Act (the composition of an organization, etc.) among the facts charged in the instant case, and contrary to what is alleged in the grounds of appeal, the lower court shall

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