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(영문) 대법원 2013.10.24 2013도9721
폭력행위등처벌에관한법률위반(공동상해)등
Text

All appeals are dismissed.

The judgment below

The three pages shall be referred to as "Ulsan District Court", 2012 Highest 301 decided January 4, 2013.

Reasons

The grounds of appeal are examined.

1. Examining the grounds of appeal by Defendant A in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court, on the grounds as stated in its reasoning, found the Defendant guilty of violating the Assembly and Demonstration Act due to an outdoor assembly that was not reported from November 1, 201 to December 14, 201, and from August 13, 201 to August 31, 2012, is justifiable. In so doing, the lower court did not err by misapprehending the legal doctrine on the scope of assembly under the Assembly and Demonstration Act, the legitimate act or the possibility of lawful expectation.

2. Examining the reasoning of the lower judgment as to the grounds of appeal by the prosecutor in light of the records, the lower court is justifiable to have acquitted the Defendants on the grounds that there was no evidence of crime as to the Defendants’ violation of the Punishment of Violences, etc. Act (hereinafter “Exposure Act”) on August 20, 2012 among the facts charged against the Defendants, and Defendant B’s violation of the breadth Act. In so doing, the lower court did not err by exceeding the bounds of the free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the violation of the

3. Therefore, all appeals are dismissed. Since it is apparent that there are some errors in the judgment of the court below, it is decided to correct them pursuant to Article 25 of the Regulations on Criminal Procedure. It is so decided as per Disposition by the assent of all participating Justices.

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