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(영문) 대법원 2014.09.04 2014도8167
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found the Defendant guilty of violating the Punishment of Violences, etc. Act (collectively weapon, etc.) among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on self-defense or legitimate act, etc., by misapprehending the logical and empirical rules and exceeding the bounds of the principle of free evaluation

In addition, pursuant 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 has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of punishment is unreasonable

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, we affirm the lower court’s finding the Defendant not guilty on the ground that there was no proof of the facts charged in the instant facts charged. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence and logical and empirical rules, or by exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal doctrine

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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