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(영문) 대법원 2017.12.28 2017도17056
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of the prosecutor’s appeal, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that the violation of the Punishment of Violences, etc. Act (Formation of Organization, etc.) among the facts charged in the instant case and the violation of the Punishment of Violences, etc. Act (Interference with the duties of organizations, etc.) constituted a case without proof of crime

The judgment below

Examining the reasoning of the lower judgment in light of the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the evaluation of probative value of indirect evidence, without exhaust all necessary deliberations, as alleged in the

2. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for appeal by Defendants B and E, an appeal may be filed only for a case on which death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been pronounced. As such, the argument that the amount of punishment imposed on Defendants B and E is unreasonable is not a legitimate ground for 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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