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(영문) 대법원 2013.06.27 2013도748
폭력행위등처벌에관한법률위반(공동재물손괴등)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment below, the court below was just in finding the Defendants guilty of the facts charged in this case on the grounds as stated in its holding, and there was no error of law by misapprehending the legal principles as to legitimate act and recognition of illegality.

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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