beta
(영문) 대법원 2017.09.07 2017도9414

상해

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, which maintained the reasoning of the lower court, the lower court was justifiable to have determined that the instant facts charged was guilty on the grounds stated in its reasoning. In so doing, the lower court did not err by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending

In light of the records, even if this case constitutes "when there is a ground for request for retrial", or the defendant's right of defense was infringed due to infringement of private rights such as perusal of trial records by the court of the first instance and the court of the original instance.

shall not be deemed to exist.

Other grounds for appeal by the defendant do not constitute legitimate grounds for appeal under Article 383 of the Criminal Procedure Act.

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