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(영문) 대법원 2016.03.10 2015도17530
폭력행위등처벌에관한법률위반(공동상해)
Text

The judgment below

Defendant B and Z violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.).

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal not timely filed).

1. While examining the reasoning of the appeal by the Defendant A, B, C, D, E, F, G, and H, the lower court did not exhaust all necessary deliberations, as alleged in the grounds of appeal, and did not err by misapprehending the legal doctrine as to the admissibility of evidence and degree of proof of criminal facts, or by misapprehending the legal doctrine, without exhaust all necessary deliberations, contrary to what is alleged in the grounds of appeal.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, the above defendant's assertion that the determination of punishment is unfair in this case where a minor sentence has been imposed against Defendant C does not constitute legitimate grounds for

2. Determination ex officio as to the violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) by Defendant B and Z

A. In a case where the evaluation of the past acts committed as a crime has changed depending on the changes in the legal ideology, which served as the reason for the enactment of penal statutes, and the punishment itself was recognized and punished as a crime, or where the Acts and subordinate statutes were amended or amended in light of reflective consideration that excessive punishment was excessive, the new law shall be applied pursuant to Article 1(2) of the Criminal Act (see, e.g., Supreme Court Decisions 2009Do12930, Mar. 11, 2010; 2013Do4862, 2013; 101, Jul. 11, 2013). (b) The lower court based on the reasoning of the lower judgment, as to the acts committed by Defendant B and Z as a victim with dangerous articles among the facts charged in the instant case, the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016; hereinafter “former Punishment Act”).

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