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(영문) 대법원 2019.01.31 2017도21111
집회및시위에관한법률위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to Defendant A’s grounds of appeal in light of the evidence duly admitted, the lower court is justifiable to have convicted Defendant A of all the facts charged (excluding preliminary facts charged) on the grounds indicated in its reasoning.

In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal principles on outdoor assembly and demonstration under Article 6(1) of the Assembly and Demonstration Act and on “the place where outdoor assembly and demonstration are prohibited” under Article 11 subparag. 4 of the same Act.

In addition, 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 more than ten years is imposed, an appeal on the grounds of unfair sentencing

Defendant

In this case where a more minor sentence is imposed against A, the argument that the lower court’s sentencing is unreasonable is not a legitimate ground for appeal.

2. As to Defendant B’s appeal, Defendant B did not submit the appellate brief within the submission period, and Defendant B did not state the grounds 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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