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(영문) 대법원 2014.09.25 2014도4675
폭력행위등처벌에관한법률위반(공동폭행)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the evidence duly adopted by the lower court and the first instance court, it is justifiable for the lower court to have found the Defendant guilty of the facts charged in this case for the reasons indicated in its reasoning.

In light of the above, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, by exceeding the bounds of the principle of free evaluation of evidence, by misapprehending the legal doctrine on self-defense, or by violating the presumption of innocence.

In addition, the argument that the court below erred in violation of the principle of liability by deviating from discretion on sentencing when determining the punishment against the defendant is ultimately an argument of unfair sentencing.

According 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 a fine is imposed against the defendant, the argument that the amount of the sentence

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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