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(영문) 대법원 2015.06.24 2015도4743
폭력행위등처벌에관한법률위반(공동폭행)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to Defendant A’s grounds of appeal, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed. As such, in this case where Defendant A was sentenced to a fine, the allegation that the amount of

2. Examining the grounds of appeal by Defendant B in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court’s determination that Defendant B was guilty of the facts charged in this case on the grounds and circumstances stated in its reasoning and rejected the Defendant’s allegation of self-defense.

In so determining, the lower court did not err by misapprehending the legal doctrine on the grounds for revoking illegality, contrary to what is alleged in the grounds 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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