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(영문) 대법원 2013.04.26 2013도2423

폭력행위등처벌에관한법률위반(공동상해)

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All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The Defendants’ assertion in the grounds of appeal is that the lower court found the Defendants guilty on the grounds of the victim’s statement, etc. without credibility despite the absence of any injury inflicted on the victim as stated in the facts charged of this case. The lower court’s judgment is unlawful.

However, the recognition of facts and the selection and evaluation of evidence conducted on the premise thereof are within the discretionary power of the fact-finding court unless it exceeds the limit of the free evaluation of evidence.

The judgment below

Even if examining the reasons in light of the record, the court below cannot find out the reasons that the court below exceeded the limit of the principle of free evaluation of evidence.

Ultimately, the above argument in the grounds of appeal is merely to criticize matters falling under the exclusive authority of the lower court, and thus cannot be a legitimate ground of appeal.

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