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(영문) 대법원 2014.09.04 2014도7911
폭력행위등처벌에관한법률위반(상습공갈)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court as to Defendant B’s grounds of appeal, the lower court is justifiable to have found Defendant B guilty of violating the Punishment of Violences, etc. Act (Habitual Bribery) among the facts charged in the instant case, on the grounds indicated 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 in violation of logical and empirical rules, or by misapprehending the legal doctrine on “Habitual

2. Examining the reasoning of the judgment of the court below in light of the records, it is just to reverse the judgment of the court of first instance which found Defendant C guilty on the ground that there is no proof of criminal facts as to the violation of the Punishment of Violences, etc. Act (Habitual violence) among the facts charged in the instant case against Defendant C, and to render a verdict of innocence. Contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of

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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