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(영문) 대법원 2014.11.13 2014도1538
집회및시위에관한법률위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

Criminal facts have to 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). On the grounds indicated in its reasoning, the lower court determined that the Defendants jointly destroyed soundproof walls and invaded the order maintenance line for a considerable period of time despite the police’s warning, and rejected the Defendants’ assertion of mistake of facts or misapprehension of the legal doctrine.

The allegation in the grounds of appeal disputing such a determination by the lower court is merely an error of the lower court’s determination on the evidence selection and probative value, which belong to the free judgment by the fact-finding court.

In addition, even if examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine regarding “damage and damage” and “joint” in the crime of violation of the Punishment of Violences, etc. Act (joint property destruction, etc.), “one time” in the crime of violation of the Assembly and Demonstration Act due to the violation of the order keeping line, the clarity principle, and the presumption of innocence, or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

In addition, under 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 not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where each fine is imposed against the Defendants, the argument that the sentencing of the sentence is unfair

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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