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(영문) 대법원 2015.07.09 2015도2809
집회및시위에관한법률위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records as to Defendant B’s appeal, the above Defendant did not submit a statement of grounds for appeal within the statutory period (the time limit for submitting the grounds for appeal was expired) and the petition of appeal did not state the grounds for appeal.

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment as to Defendant C, E, and G’s ground of appeal, the lower court was justifiable to have found Defendant C guilty of all the modified facts charged 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 inconsistent with logical

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed is allowed to be appealed on the grounds of unfair sentencing. Thus, in each case on which a fine has been imposed against the above Defendants, the allegation that the sentencing of the sentence

3. Examining the grounds of appeal by Defendant D in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have found Defendant D guilty of the modified facts charged on the grounds stated in its reasoning. In so doing, 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 against logical and empirical rules, or by exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal doctrine on general traffic obstruction.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, the determination of the sentence is unfair.

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