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(영문) 대법원 2018.06.15 2018도3704
집회및시위에관한법률위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of the prosecutor’s appeal, the lower court reversed the first instance judgment convicting the prosecutor on the part of violation of the Assembly and Demonstration Act among the facts charged in the instant case, on the grounds stated in its reasoning, and sentenced the Defendant not guilty.

The judgment below

Examining the reasoning of the judgment below in light of the records, the court below did not err by misapprehending the legal principles as to the organizer of the Assembly and Demonstration Act and the joint principal offender for public offering, as alleged in the grounds of appeal.

On the other hand, the prosecutor appealed the entire judgment of the court below, but the guilty part does not indicate specific grounds for appeal in the final appeal and the reasoning of the final appeal.

2. According to Article 383 subparag. 4 of the Criminal Procedure Act regarding the grounds for appeal by the defendant, an appeal may be filed on the ground that the judgment of the court below has affected the conclusion of the judgment, only in cases where the punishment of death or imprisonment with or without prison labor for an indefinite term or for not less than ten

Therefore, in the instant case where a more minor sentence was imposed on the Defendant, the lower court did not err by misapprehending the legal doctrine, and practically, by misapprehending the evidence selection and probative value, or by finding facts based thereon, or by claiming collective action or legitimate act based on the premise of facts different from the facts recognized by the lower court.

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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