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(영문) 대법원 2015.03.20 2015도1267
폭력행위등처벌에관한법률위반(공동감금)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

Since the selection of evidence and the recognition of facts belong to the exclusive authority of the fact-finding court unless they exceed the bounds of the principle of free evaluation of evidence, in light of the evidence duly admitted by the court below and the first instance court, the court below is justified in finding the defendants guilty of all the facts charged in this case on the grounds as 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 against logical and empirical rules, or by misapprehending the relevant legal doctrine.

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 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 the Defendants, the argument that the lower court’s punishment is too

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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