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(영문) 대법원 2019.02.14 2018도18987
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The ground of appeal by Defendant A contains an error of misapprehension of the legal principles as to the violation of the Punishment of Violences, etc. Act (Formation of Organization, etc.), among the facts charged in this case, is alleged by Defendant A as the ground of appeal or by the lower court’s ex officio determination that there was no ground of appeal. Thus, it cannot be a legitimate ground 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 more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. As such, in this case where a more minor sentence has been imposed against Defendant A, the argument that the punishment is too unreasonable is not a legitimate

2. According to Article 383 subparag. 4 of the Criminal Procedure Act regarding Defendant B and C’s grounds of appeal, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment with or without labor for more than ten years is imposed.

Defendant

In this case where a minor sentence is imposed against B and C, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

3. According to Article 383 subparag. 4 of the Criminal Procedure Act regarding Defendant E’s grounds of appeal, only a case on which death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed may be appealed on the grounds that the judgment of the court below affected the judgment due to gross mistake of facts or unfair sentencing. The argument that the court below erred in the misapprehension of legal principles as to the deliberation of sentencing

Defendant

In this case where a more minor sentence is rendered against E, the judgment of the court below on the selection of evidence and its probative value is based on the violation of the rules of evidence, mistake of facts, or misapprehension of the legal principles.

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