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(영문) 대법원 2015.11.26 2015도15137
특수절도등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Criminal facts against Defendant B shall be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and probative value of evidence conducted on the premise of fact finding belong to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). The court below found the defendant guilty on the charge of violation of the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.).

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on Article 3(1) of the Punishment of Violences, etc. Act or by exceeding the bounds of the principle of free evaluation of evidence.

In addition, pursuant 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 has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a minor sentence has been imposed on the above defendant, the argument that the amount of punishment

2. According to the records on Defendant D and E, the above Defendants asserted unfair sentencing only as the grounds for appeal while appealed against the judgment of the first instance, and the lower court rejected the allegation and dismissed the appeal.

In such a case, the argument that the court below erred in the misapprehension of legal principles as to the criminal facts in violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) in the judgment of the court of first instance 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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