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(영문) 대법원 2017.02.09 2016도19946
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal as to Defendant B’s mistake of facts, the recognition of facts ought to be proven to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and the probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). For the reasons indicated in its reasoning, the lower court, on the grounds indicated in its reasoning, took part in the organization of strike as a de facto criminal defendant at the time of committing each of the special

Based on the judgment of the court, we did not accept the allegation of the reasons for appeal.

The allegation in this part of the grounds of appeal is the purport of disputing the determination of the lower court’s fact-finding, and is merely an error in the determination of the lower court’s choice of evidence and probative value, which belong to the free judgment of the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err by misapprehending the relevant legal doctrine or by exceeding the bounds of the principle of

2. Examining the reasoning of the lower judgment in light of the reasoning of the lower judgment on the grounds of appeal concerning the Defendants’ unfair sentencing, by failing to exhaust all necessary deliberations as to the sentencing criteria, and by misapprehending the relevant legal doctrine, or by violating the sentencing criteria in light of the reasoning of the lower judgment, it is nothing more than the purport of substantially disputing the sentencing of the lower court. In such a case, according to Article 383 Subparag. 4 of the Criminal Procedure Act, only in a case where death penalty or imprisonment with or without prison labor for an indefinite term or for not less than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed. As such, the Defendants’ assertion that the lower court’s sentencing determination is unfair, including the above assertion,

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