beta
(영문) 대법원 2016.08.30 2016도9920

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court and the lower court, the lower court was justifiable to have found the Defendant guilty of the modified facts charged on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on political party defense, excessive defense,

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