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(영문) 대법원 2014.01.29 2013도15203
폭력행위등처벌에관한법률위반(상습공갈)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendant’s ground of appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found the Defendant guilty of all the facts constituting the crime in its judgment, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle

2. On the grounds of appeal by the prosecutor, the court below reversed the judgment of the court of first instance which found the Defendant guilty on the ground that there was no proof of the crime regarding the violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) among the facts charged in the instant case,

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the above determination by the court below is just and acceptable. Contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on “hazardous goods” under Article 3 (1) of the Punishment of Violences, etc. Act.

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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