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(영문) 대법원 2015.01.29 2014도15338

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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 was justifiable to have found the Defendant guilty of violating the Punishment of Violences, etc. Act (collectively weapons, etc.) among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, it did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

In addition, examining the reasoning of the judgment below in light of the records, the court below is just in rejecting the defendant's assertion on mental and physical disability, and there is no error of law by misunderstanding the legal principles on mental and physical disability as alleged in the

2. Examining the reasoning of the lower judgment in light of the records, it is justifiable to reverse the first instance judgment convicting the Defendant on the grounds that there was no proof of crime regarding the injury among the facts charged in the instant case, and to have acquitted the Defendant. In so doing, 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 exceeding

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