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(영문) 대법원 2014.10.30 2014도6690
폭력행위등처벌에관한법률위반(공동폭행)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection and probative value of evidence conducted on the premise of fact finding belongs to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). Based on its stated reasoning, the court below rejected the Defendants’ allegation in the grounds of appeal disputing this point, on the following grounds: (a) it acknowledged the fact that the Defendants abused or injured the victims; (b) Defendant A and C’s act does not constitute a justifiable act; and (c) Defendant B’s act does not appear as legitimate self-defense or legitimate act.

The allegation in the grounds of appeal disputing the lower court’s fact-finding is nothing more than disputing the lower court’s determination on the evidence selection and probative value, which belongs to the free judgment of the fact-

In addition, even if examining the reasoning of the lower judgment in light of the legal doctrine of the lower judgment and the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on assault, legitimate act, self-defense and the judgment of innocence under Article 325 of the Criminal Act

In addition, 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 more than ten years is imposed, an appeal on the grounds of unfair sentencing

Therefore, in this case where Defendant C was sentenced to a more minor punishment, the above Defendant’s assertion disputing the judgment of the court below on the elements of sentencing is not a legitimate ground for appeal, as it is alleged that the amount of punishment is unreasonable.

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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