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(영문) 대법원 2016.08.30 2016도8690
폭력행위등처벌에관한법률위반(상습집단ㆍ흉기등상해)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Although examining the grounds for Defendant A’s appeal in accordance with the relevant legal principles and evidence, the lower court found Defendant A guilty of the instant facts charged against the Defendant, contrary to what is alleged in the grounds of appeal, did not err by misapprehending the legal principles as to conflict, coercion, occupational embezzlement, fraud, fabrication and use of private documents, and accomplice, etc., by misapprehending the rules of evidence, or by misapprehending the legal principles as to

2. Although examining the grounds for appeal by Defendant B in accordance with the relevant legal principles and evidence, the lower court found Defendant B guilty of the facts charged in this case against Defendant B, contrary to what is alleged in the grounds of appeal, did not err by misapprehending the facts contrary to the rules of evidence or by misapprehending the legal doctrine on accomplices.

3. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for appeal by Defendant D, an appeal may be filed only for a case on which death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been pronounced. As such, the argument that the amount of punishment imposed on Defendant D is unreasonable is not a legitimate ground for appeal.

4. 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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