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(영문) 대법원 2015.07.23 2015도8003

강도상해등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The allegation in the grounds of appeal is that the judgment of the court below is unlawful, since the defendant did not have any custody by deceiving or threatening victims with a knife or golf loan, and even if the victims voluntarily delivered cash and a motor vehicle, the court below erred fact-finding in violation of the rules of evidence and erred in the misapprehension of the legal principles on the crime of robbery, Injury, and Punishment of Violences, etc. (a violation of the Act on the Punishment of Violences, etc.).

However, the fact-finding and the selection and evaluation of evidence which are based on such fact-finding belong to the exclusive authority of the fact-finding court unless they exceed the bounds of the principle of free evaluation of evidence. Thus, even if examining the reasoning of the judgment below in light of the records, it cannot be found that the reasoning of the judgment below exceeded the bounds of the principle of free evaluation of evidence. There is no error in the misapprehension of legal principles in the judgment of the court below that recognized the defendant as a crime of robbery, bodily injury,

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