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(영문) 대법원 2013.12.26 2013도7677

상해등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The Defendant’s argument in the grounds of appeal is the purport that the lower court convicted the Defendant of insult of the facts charged in the instant case, which was unlawful, even though the Defendant did not take a bath against the police officer, and rather asserted against the police officer’s unfair physical infringement.

However, the recognition of facts and the selection and evaluation of evidence, which are the premise thereof, belong to the exclusive authority of the fact-finding court unless it exceeds the limit of the free evaluation of evidence

The judgment below

In light of the record, the fact-finding by the court below is not recognized to have exceeded the bounds of the principle of free evaluation of evidence against logical and empirical rules.

In addition, it is not recognized that there is an error of law that affected the conclusion of the judgment by either misapprehending the legal principles or failing to exhaust all necessary deliberations.

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