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(영문) 대법원 2014.07.10 2014도5940

강도상해

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the reasoning of the lower judgment and the evidence duly admitted and examined by the first instance court, it is justifiable for the lower court to have found the Defendant guilty of the charge of injury resulting from robbery in the instant case on the grounds stated in its reasoning.

In doing so, there is no error of law by recognizing facts beyond the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the legal principles on injury resulting from robbery or changes in indictment.

In addition, the court below's rejection of the defendant's assertion on mental and physical disability is just and there is no error of law by misunderstanding the facts concerning mental and physical disability or misunderstanding the legal principles.

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