logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2019.10.18 2019도9873
폭력행위등처벌에관한법률위반(공동폭행)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the prosecutor, the lower court acquitted the Defendants on the charge of violating the Punishment of Violences, etc. Act (joint assault) among the facts charged against the Defendants on the ground that there is no proof of crime.

The judgment below

Examining the reasoning in light of the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of the relevant legal doctrine and logical and empirical rules, or by misapprehending the legal doctrine on “ particularly reliable state” as stipulated in Article 314 of the Criminal Procedure

2. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to Defendant A’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 prison labor for more than ten years is imposed. As such, in this case where Defendant A was sentenced to a more minor punishment, the argument that the punishment is unfair is too unreasonable is not legitimate grounds

3. As to Defendant B’s final appeal, Defendant B did not submit a petition of final appeal to the lower court; and Defendant B submitted a written statement of “statement of final appeal” to the Supreme Court on August 7, 2019 when the filing period for final appeal was past.

This is unlawful because it was filed after the right to appeal has been extinguished even as a petition of appeal.

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

arrow