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(영문) 대법원 2014.11.13 2014도1226
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to Defendant A, B, D, F, and I’s appeal, Defendant A, B, D, F, and I did not file an appellate brief within the statutory period, and the petition of appeal does not contain any indication in the grounds of appeal.

2. Examining the grounds of appeal by Defendant C 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 determined that Defendant C was guilty of all of the charges in this case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the crime of violation of the Punishment

3. Examining the grounds of appeal by Defendant G 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 determined that Defendant G was guilty of all of the facts charged in this case on the grounds stated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal doctrine on non-performance of reason, omission of judgment, legitimate act

In addition, the argument that the judgment of the court below is erroneous in incomplete deliberation on sentencing conditions is ultimately an argument of unfair sentencing.

However, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without 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 a fine is imposed against Defendant G, the allegation that the amount of punishment is unreasonable cannot

4. Therefore, all appeals are dismissed. It is so decided as per Disposition.

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