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(영문) 대법원 2013.10.11 2013도8453
폭력행위등처벌에관한법률위반(공동상해)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below was just in finding Defendant A guilty of larceny among the facts charged in the instant case on the grounds as stated in its reasoning, and contrary to what is alleged in the grounds of appeal, there were no errors in the misapprehension of facts or by misapprehending the legal principles on constructive acceptance in violation of logical and empirical rules.

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, and thus, in this case where a fine has been imposed against the Defendants, the argument that the punishment is too unreasonable is not

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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