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(영문) 대법원 2015.12.23 2015도9035
집회및시위에관한법률위반등
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 as to Defendant A’s grounds of appeal, the lower court is justifiable to have found Defendant A guilty of all the charges of this case on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on assembly

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 fine is imposed against Defendant A, the argument that the amount of punishment is unreasonable

2. Examining the reasoning of the lower judgment as to Defendant B’s ground of appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found Defendant B guilty of all the charges of this case on the grounds indicated in its reasoning, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence inconsistent

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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