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(영문) 대법원 2014.08.26 2014도7028
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In light of the evidence duly admitted by the court of fact-finding unless it goes beyond the bounds of the principle of free evaluation of evidence, the court of fact-finding is justified in finding the defendant guilty of all the facts charged of this case for the reasons stated in its holding. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles as to the credibility of the statements by the victims or misunderstanding the facts beyond the bounds of the principle of free evaluation of evidence against the logical and empirical rules.

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 not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of

Other grounds of appeal by the defendant do not constitute legitimate grounds of appeal under Article 383 of the Criminal Procedure Act.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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