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(영문) 대법원 2015.08.13 2015도7012
폭력행위등처벌에관한법률위반(공동폭행)
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. Examining the evidence duly adopted and examined by the court below and the first instance court as to Defendant B’s grounds of appeal, the court below is justified in finding Defendant B guilty of the facts charged in this case on the grounds stated in its reasoning.

There is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on self-defense or legitimate act.

2. Examining the evidence duly admitted and examined by the lower court and the first instance court on the grounds of appeal by Defendant C and Defendant D, the lower court is justifiable to have determined that all the charges of this case against the said Defendants were guilty on the grounds stated in its reasoning.

There is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules or misapprehending the legal principles on political party acts without exhausting all necessary deliberations.

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

In this case where a fine is imposed against the above Defendants, the assertion that the amount of punishment is unreasonable cannot be 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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