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(영문) 대법원 2021.03.11 2021도240
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court convicted of the instant facts charged (excluding non-criminal part).

The judgment below

Examining the grounds for appeal in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal principles on the establishment of a crime of violation of the Act on the Guarantee of Automobile Compensation, and admissibility of evidence, contrary to the grounds for appeal, by misapprehending the legal doctrine on the activities of concurrent crimes in violation of logical and empirical rules, by misapprehending the bounds of the principle of free evaluation of evidence, or by exceeding the bounds of the principle of free evaluation of evidence, by misapprehending the provisions of Article 37 of the Criminal Act, by constituting a crime of violation of the Punishment of Violences, etc. Act (organization activities).

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, a final appeal may be filed on the grounds of unfair sentencing. As such, in this case where a minor sentence is imposed against the defendant, the argument that punishment is too unreasonable is not a legitimate ground for final appeal.

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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