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(영문) 대법원 2019.02.14 2018도18744
폭력행위등처벌에관한법률위반(공동상해)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on Defendant A’s grounds of appeal in light of the evidence duly admitted, it is justifiable for the lower court to have convicted Defendant A of all the charges on the grounds stated in its reasoning.

In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles regarding the establishment of a crime of intrusion upon residence.

2. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to Defendant B’s grounds of appeal, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment with or without labor for more than ten years has been imposed. As such, in this case where Defendant B’s minor punishment was imposed, the argument that the sentencing of punishment is unreasonable is

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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