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(영문) 대법원 2018.04.26 2017도13291
폭력행위등처벌에관한법률위반(공동재물손괴등)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the grounds for appeal by Defendant A, B, and C in light of the relevant legal principles and evidence, the lower court did not err by misapprehending the legal principles as to the meaning of property damage or damage in the crime of property damage or by misapprehending the meaning of property damage, and legitimate act on the grounds of excluding illegality, as otherwise alleged in the grounds of appeal in its holding.

2. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for appeal by Defendant D and E, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, the argument that the amount of punishment imposed on the above Defendants is unreasonable is not a legitimate ground for appeal.

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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