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(영문) 대법원 2021.02.25 2020도17005
폭력행위등처벌에관한법률위반(공동상해)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of the prosecutor’s appeal, the lower court found the Defendant not guilty on the grounds that there is no proof of a crime with regard to a special injury or special assault among the charges against the Defendant, and found the Defendant guilty of the crime of injury or assault, which is included

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not exhaust all necessary deliberations in its judgment, but did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on the establishment and non-existence of a joint principal offender.

On the other hand, the prosecutor appealed the entire judgment of the court below, but the remaining parts are not indicated in the petition of appeal or in the reasoning of appeal.

2. According to Article 383 subparag. 4 of the Criminal Procedure Act regarding the grounds for appeal by the defendant, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed.

In this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable is not 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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