logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2014.03.27 2014도1540
특정범죄가중처벌등에관한법률위반(보복상해등)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the grounds of appeal by Defendant A in light of the evidence adopted by the first instance court, which maintained the reasoning of the judgment below, the court below is just in maintaining the judgment of the court of first instance which found Defendant A guilty of both injury to the victim H and joint injury to J among the facts charged in the instant case on the grounds as stated in its reasoning. Contrary to what is alleged in the grounds of appeal, the court below did not err by violating the logical and empirical rules

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may be filed only when the court below rendered a death penalty, an indefinite term, or an imprisonment with or without labor for not less than ten years. Thus, in this case where the above defendant was sentenced to a minor punishment, the argument that the above defendant’s punishment is too unreasonable

2. Examining the grounds of appeal by Defendant B in light of the evidence adopted by the first instance court, which maintained the reasoning of the lower judgment, the lower court is justifiable in maintaining the first instance judgment convicting Defendant B of the instant facts charged on the grounds stated in its reasoning, and there is no error of law by violating logical and empirical rules and by misapprehending the bounds of the principle of free evaluation of evidence, contrary

3. As to Defendant D’s grounds of appeal, the above Defendant did not submit the grounds of appeal within the statutory period, and the grounds of appeal are not indicated in the petition of appeal.

4. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

arrow