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(영문) 대법원 2016.05.12 2016도3759
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of Defendant A’s final appeal in light of the relevant legal principles and evidence, the lower court did not err in its judgment that found Defendant A guilty of special injury teachers among the facts charged in the instant case, contrary to what is alleged in the grounds of final appeal by misapprehending the legal doctrine as to the crime of aiding and abetting in violation of logical

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a minor sentence is imposed against Defendant A, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

2. Examining the reasoning of Defendant B’s appeal in light of the relevant legal principles and evidence, the lower court did not err in its judgment that found Defendant B guilty of violating the Punishment of Violences, etc. Act (joint conflict) among the facts charged in the instant case against Defendant B, contrary to what is alleged in the grounds of appeal, by misapprehending the law of logic and experience, or by misapprehending the legal principles on admissibility of evidence, and concurrent crimes.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, a final appeal may be filed on the grounds of unfair sentencing. Thus, in this case where Defendant B was sentenced to minor punishment, the argument that the amount of punishment is unfair is not a legitimate ground for final appeal.

3. As to the grounds of appeal by Defendant C, the grounds of appeal by the lower court constituted an unlawful allegation that the lower court erred by infringing on the essential contents of the principle of balance of punishment or the principle of responsibility.

According to Article 383, Paragraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is declared, an appeal is allowed for the wrongful grounds for sentencing.

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