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(영문) 대법원 2020.12.10 2020도10991
폭력행위등처벌에관한법률위반(공동재물손괴등)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendants’ grounds of appeal (excluding Defendant K), the lower court upheld the first instance judgment convicting the Defendants of the instant facts charged on the grounds as indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on

According 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 not less than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed on the Defendants, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

2. As to Defendant K’s appeal, Defendant K did not submit the appellate brief within the submission period, and Defendant K did not state the grounds for appeal in the petition of appeal.

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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