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(영문) 대법원 2018.03.15 2017도21837

특수상해등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that there was no proof of crime regarding the special injury among the primary charges of this case, and acquitted the Defendant on the ground that the ancillary charges of this case added by the lower court constituted a case where there was no proof of crime.

The judgment below

Examining the reasoning in light of the record, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, it did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the intentional act

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