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(영문) 대법원 2016.02.18 2015도19173
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for appeal by Defendant A and D, an appeal may be filed only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is pronounced. As such, in the instant case where a more minor sentence is imposed against the Defendants, the allegation that the amount of punishment is unfair is not legitimate.

2. Examining the reasoning of the lower judgment as to Defendant B’s grounds for appeal in light of the evidence duly admitted by the lower court and the first instance court, the lower court was justifiable to have found Defendant B guilty of the facts charged of this case on the grounds stated in its reasoning. In so doing, 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 political defense or legitimate act

3. Examining the reasoning of Defendant C’s appeal in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court is justifiable to have found Defendant C guilty of the facts charged of this case for the reasons indicated in its holding, 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

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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