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(영문) 대법원 2013.11.14 2013도11076

폭행

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The defendant's argument in the grounds of appeal is that the court below found the defendant guilty by finding the victim's false statement, etc. reliable and by misunderstanding the legal principles on assault, although the defendant did not assault the victim.

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 reason that the court below exceeded the limit of the principle of free evaluation of evidence, and there is no illegality in the misapprehension of legal principles concerning violence

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