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(영문) 대법원 2016.09.08 2016도9793
폭력행위등처벌에관한법률위반(공동공갈)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have found the Defendant guilty of all of the facts charged in the instant case on the grounds stated in its reasoning. In so doing, it did not err by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by misapprehending the logical and empirical rules and by misapprehending 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 more minor sentence has been imposed on the defendant, the argument that the sentencing of the

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, it is justifiable to maintain the first instance judgment which acquitted the Defendant on the ground that the charge of violation of the Punishment of Violences, etc. Act among the facts charged in the instant case constitutes a case without proof of criminal facts. Contrary to the allegations in the grounds of appeal, the lower court did not err by violating the law of logic and experience and exceeding the bounds

On the other hand, the prosecutor appealed against the guilty portion of the judgment below, but there is no specific grounds for objection as to this portion in the petition of appeal or appellate brief.

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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