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(영문) 대법원 2016.08.29 2016도8799
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

The appeal is 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). For the reasons stated in its reasoning, the lower court, based on the reasons indicated in its reasoning, invaded the F Hospital funeral ceremony jointly with accomplices by the Defendant, and damaged the property of the Victim Medical Welfare Corporation.

Based on the judgment, we did not accept the allegation of the grounds for appeal as to mistake of facts or misunderstanding of legal principles.

The allegation in the grounds of appeal is the purport of disputing the determination of facts that served as the basis of the judgment of the court below. It is nothing more than denying the judgment of the court below as to the selection and probative value of evidence belonging to the free judgment of the court of fact-finding, and the reasoning of the judgment below is not erroneous in the judgment of the court below due to the above legal principles and the relevant legal principles as stated in the judgment of the court below, and the evidence duly admitted.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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