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(영문) 대법원 2015.05.14 2015도3673
폭력행위등처벌에관한법률위반(공동상해)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. According to the records on Defendant A’s grounds of appeal, the Defendant appealed against the judgment of the first instance, and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that the judgment of the court below erred by mistake of facts against the rules of evidence shall not be a legitimate ground for appeal.

2. According to the record as to Defendant B, C, and D’s grounds of appeal, the Defendants appealed against the judgment of the first instance and asserted only unfair sentencing as the grounds of appeal.

In such a case, the argument that the court below erred in the misapprehension of legal principles as to the evaluation of violent organizations in violation of the Act on the Punishment of Violences, etc. due to the misconception of facts against the rules of evidence is not a legitimate

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 more 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 Defendants, the argument that the sentence is too unreasonable is not a legitimate ground

3. According to the records on Defendant E’s grounds of appeal, the Defendant appealed against the judgment of the first instance, and asserted only unfair sentencing as the grounds of appeal.

In such a case, the argument that there is an error of mistake in the judgment of the court below shall not be a legitimate ground for appeal.

In addition, the argument that the judgment below erred by infringing on the essential contents of the principle of balanced criminal punishment or the principle of responsibility in the deliberation and judgment of sentencing constitutes the argument of unfair sentencing.

However, according to Article 383, Paragraph 4 of the Criminal Procedure Act, death penalty, life imprisonment or not less than ten years.

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