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(영문) 대법원 2014.10.15 2014도10069
폭력행위등처벌에관한법률위반(공동재물손괴등)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on Defendant A’s grounds of appeal, Defendant A appealed on the judgment of the first instance, and only asserted unfair sentencing as the grounds for appeal.

In such a case, the argument that there is an error of mistake in the judgment of the court below shall not be a legitimate ground for appeal.

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, the above defendant's assertion to the effect that punishment is too unreasonable is not a legitimate ground for appeal.

2. Examining the grounds of appeal by Defendant B based on the evidence duly admitted and examined by the lower court, the lower court was justifiable to have found Defendant B guilty of fraud among the facts charged in the instant case on the grounds indicated in its reasoning.

There is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or misapprehending the legal principles on causation of fraud.

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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