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(영문) 대법원 2016.07.27 2016도5250

특수폭행등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, which maintained the reasoning of the judgment below, the court below was just in finding the defendant guilty of special injury among the modified facts charged of this case on the grounds stated in its reasoning, and it did not err in the misapprehension of legal principles as to special injury, by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, in violation of the law of logic and experience and thereby exceeding the bounds of free evaluation of evidence, or by misapprehending the legal principles

In addition, the Defendant stated the Defendant’s crime of this case only as “the Defendant committed the instant crime in the state of mental or physical loss or mental weakness (the state of her mental or physical weakness or the state of her mental or physical weakness)” in the notice of the grounds for appeal, and did not state specific reasons therefor, it cannot be deemed a legitimate ground for appeal.

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