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(영문) 대법원 2018.03.27 2017도21799
폭력행위등처벌에관한법률위반(공동공갈)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning for the Defendant’s appeal 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 (joint conflict) 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 the violation of the Punishment of Violences, etc. Act (joint conflict).

2. Examining the reasoning of the judgment of the court below in light of the records, it is just to maintain the judgment of the court of first instance which acquitted the public prosecutor on the ground that there is no proof of crime regarding the fraud among the facts charged in the instant case, and there is no violation of the rules of evidence, as alleged in the grounds of 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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