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(영문) 대법원 2016.06.23 2016도2510
폭력행위등처벌에관한법률위반(공동공갈)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Although examining the grounds for Defendant A’s appeal in light of the records and evidence, the lower judgment that found Defendant A guilty of embezzlement among the facts charged against Defendant A on the grounds stated in its reasoning did not err by misapprehending the logical and empirical rules, contrary to what is alleged in the grounds for appeal.

2. On the grounds of the prosecutor’s appeal, the lower court, on the grounds indicated in its reasoning, deemed that there is no proof of crime, and rendered a judgment of the first instance court that convicted Defendant A of violation of the Punishment of Violences, etc. Act (joint conflict) and the facts charged against Defendant B, C, D, E, and F among the facts charged against Defendant A, and affirmed the first instance judgment that acquitted Defendant A of the charges against each of the facts charged against Defendant A, such as forgery of private documents, the use of the relevant investigation document, the attempted fraud, and the charges against Defendant G, H, and I.

The judgment below

In light of the record, the reasoning of the lower judgment did not err by misapprehending the logical and empirical rules, contrary to what is alleged in the grounds of appeal.

On the other hand, the guilty portion of the judgment of the court below is not indicated in the petition of appeal and the reason for appeal is not stated in the statement of appeal.

3. 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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