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(영문) 대법원 2018.02.13 2017도19191
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err 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 number of crimes, contrary to what is alleged in the grounds of appeal

In addition, according to Article 383, Paragraph 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 is declared, an appeal can be filed on the grounds of unfair sentencing.

Therefore, in this case where the defendant A was sentenced to a more minor sentence, the argument that the punishment is too unreasonable is not a legitimate appeal.

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err in its judgment by omitting judgment as alleged in the grounds of appeal or by exceeding the bounds of free evaluation of evidence against logical and empirical rules, thereby adversely affecting the conclusion of the judgment.

3. Examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine regarding the number of crimes, or by violating the principle of prohibition of double punishment, contrary to what is alleged in the grounds of appeal

4. The Defendants’ final appeal is dismissed in entirety as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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