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(영문) 대법원 2009.11.26 2009도10172
폭력행위등처벌에관한법률위반(단체등의구성.활동)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

In filing an appeal against the judgment of the court of first instance, the Defendants were unable to submit only unfair sentencing grounds as the grounds for appeal. In such a case, the Defendants cannot submit the judgment of the court below which dismissed the Defendants’ appeal to the court of first instance as the grounds for appeal. Furthermore, ex officio examination of the court below did not err in the rules of evidence as alleged in the judgment below

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which 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 a minor sentence has been imposed on the Defendants, the grounds that the amount of punishment is unreasonable cannot

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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