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(영문) 대법원 2016.06.28 2015도15859
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

All appeals are dismissed.

Reasons

1. The grounds of appeal by Defendant B and A are examined.

According 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 not less than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where each of the fines was imposed against Defendant B and A, the argument that the amount of punishment is unfair is not a legitimate ground for appeal

2. We examine Defendant J andO’s appeal.

Defendant

J/O did not submit a statement of reason for appeal, and the petition of appeal does not state the reason for appeal.

3. The grounds of appeal by Defendant P and Q are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, which maintained the reasoning of the judgment below, the court below was just in finding Defendant P and Q guilty of the charges of this case on the grounds stated in its reasoning, and there was no violation of the Punishment of Violences, etc. Act (damage to joint property) or misapprehension of the legal principles on legitimate acts, as alleged in the grounds of appeal.

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 not less than ten years has been imposed, a final appeal may be filed on the grounds of unfair sentencing. As such, the argument that the determination of punishment is unfair in this case where a fine for Defendant P and Q has been imposed is not legitimate grounds for final appeal

4. 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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