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(영문) 대법원 2016.08.25 2016도8999
재물손괴등
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, an appeal may be filed on the ground that the judgment of the court below affected the conclusion of the judgment, or that the amount of the punishment is extremely unfair, for the reason that the judgment of the court below was affected by grave mistake of facts, or that the judgment of the court below was extremely unfair.

Therefore, in this case where a more minor sentence is imposed against Defendant A, the argument that the lower court simply contests the recognition of facts or the punishment is too unreasonable is not a legitimate ground for appeal.

2. Examining the reasoning of the judgment of the court below in light of the records, it is just for the court below to reverse the judgment of the court of first instance which found Defendant B guilty on the ground that the facts charged in this case with respect to Defendant B did not prove a crime, and to find the guilty guilty. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles as to the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles as to

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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