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(영문) 대법원 2014.09.04 2014도929
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the judgment below and the first instance court in light of the evidence duly admitted, the court below is just in finding the Defendant guilty of all the charges of this case on the grounds as stated in its reasoning. Contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles as to dangerous goods in the crime of violation of the Punishment of Violences, etc. Act (such as collective action, deadly weapons, etc.) or by misapprehending the legal principles as to legitimate acts.

In addition, the argument that the judgment of the court below's decision on sentencing is unfair in comparison with the sentencing of the defendants in other cases similar to the facts charged of this case is ultimately an allegation of unfair sentencing.

However, under 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 Defendants, the argument that the above assertion or punishment is too unreasonable is not legitimate grounds for appeal.

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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