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(영문) 대법원 2017.04.13 2017도1822
폭력행위등처벌에관한법률위반(공동공갈)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Review of the record on the grounds of Defendant A’s appeal reveals that Defendant A appealed against the judgment of the first instance, and Defendant A asserted only unfair sentencing on the grounds of appeal.

In such a case, the argument that the lower court erred by misapprehending the legal doctrine, in violation of the rules of evidence, and in mistake of fact is not a legitimate ground for appeal.

2. As to the reasons for the prosecutor’s appeal, the lower court upheld the first instance judgment that acquitted Defendant B and C of the facts charged in the instant case on the grounds that there is no proof of crime.

The judgment below

In light of the records, the above judgment of the court below is just and it did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, contrary to the allegations in the grounds 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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