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(영문) 대법원 2016.04.12 2016도2562
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)
Text

The appeal is dismissed.

Reasons

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

The judgment below

Examining the reasoning in light of the evidence duly adopted by the court below and the first instance court, the court below was just in finding the defendant guilty of the facts charged in this case on the grounds as stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the law of logic and experience and exceeding the bounds of free evaluation of evidence, or by misapprehending the legal principles as to the membership or membership of the organization or its members for the purpose of committing a crime prescribed in the Punishment of Violences, etc. Act, or by violating the principle of non-defasible and unfavorable treatment.

In addition, the argument that the court below violated the principle of responsibility in sentencing is unfair.

However, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, an appeal is permitted on the grounds of unfair sentencing. Thus, in this case where a more minor sentence has been imposed against the defendant, the argument that the amount of punishment is unfair is not a legitimate ground for appeal

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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