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(영문) 대법원 2013.08.22 2013도6239

폭력행위등처벌에관한법률위반(공동상해)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The Defendant’s assertion in the grounds of appeal is that the lower court erred in its determination of guilty on the grounds of the victim’s statement with no credibility and H, and that the lower court erred in its determination of guilty on the ground that the lower court did not exhaust all necessary deliberations, even though the Defendant did not inflict injury on the victim as stated in the facts charged in this case.

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

Even in light of the record, the lower court did not err in its fact-finding and judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

Therefore, the ground of appeal on this point is just to criticize the matters falling under the exclusive right of the court below and thus cannot be accepted.

In addition, the lower judgment did not err by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal, thereby affecting the conclusion of the judgment.

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