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(영문) 대법원 2021.01.14 2020도12302

특수폭행치사등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the grounds for Defendant A’s appeal, the lower court affirmed the first instance judgment convicting Defendant A of the facts charged on the grounds stated in its reasoning.

Examining the reasoning of the lower judgment in light of the relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine regarding illegally collected evidence, the admissibility of secondary evidence, the specification of criminal facts, the influence principle, the judgment of probative value of indirect evidence, the “hazardous goods” in a special assault crime, and the consent

2. As to the grounds for appeal by Defendant B, Defendant C, and Defendant D, the lower court upheld the first instance judgment convicting Defendant B, Defendant C, and Defendant D of the facts charged (except for the portion without charge) on the grounds stated in its reasoning.

Examining the reasoning of the lower judgment in light of relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the establishment of the crime of

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