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(영문) 대법원 2013.09.13 2013도3186
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that there was no proof of crime regarding the charge of violation of the Punishment of Violences, etc. Act (organization, etc.) among the facts charged in the instant case.

The judgment below

In light of the records, the above determination by the court below is acceptable. Contrary to the allegations in the grounds of appeal, the court below did not err by failing to exhaust all necessary deliberations, exceeding the bounds of the principle of free evaluation of evidence and exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal principles as to “activities” under Article 4(1) of

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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