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(영문) 대법원 2016.10.27 2016도13443

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court acquitted the Defendant on the ground that there was no proof of crime regarding the special injury, which is the facts charged in the instant case.

The judgment below

In light of the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on “hazardous goods” in the crime of special injury, contrary to what is alleged in the grounds of appeal.

On the other hand, the prosecutor appealed against the guilty portion of the judgment below, but there is no indication of the grounds for appeal in the petition of appeal, and there is no statement of the grounds for appeal in the appellate brief.

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