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(영문) 대법원 2014.10.15 2014도4890
폭력행위등처벌에관한법률위반(공동주거침입)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).

The judgment below

Examining the evidence duly adopted by the court of first instance, the court below’s determination that all charges of this case were guilty on the grounds stated in its reasoning is justifiable. Contrary to the allegations in the grounds of appeal, the court below did not err by failing to exhaust all necessary deliberations but by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles as to the crime of intrusion upon residence and the obstruction of worship

In addition, under 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 has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where each fine is imposed against the Defendants, the argument that the sentencing of the sentence is unfair

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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