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(영문) 대법원 2016.02.18 2015도14217

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court’s determination that the Defendant was guilty of this case’s facts charged (excluding the portion not guilty of the grounds for appeal) on the grounds stated in its reasoning is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on legitimate defense, legitimate act

2. Examining the reasoning of the judgment of the court below in light of the records, it is just that the court below did not prove a crime to the effect that the defendant injured the victim by showing the power of the organization among the facts charged against the defendant on the grounds as stated in its reasoning, and there is no error of law by misunderstanding the facts beyond the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules or by misunderstanding the relevant legal principles

On the other hand, the prosecutor appealed against the guilty portion of the judgment below, but does not indicate the grounds of appeal as to this part of the appeal and the reasons of appeal.

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