beta
(영문) 대법원 2013.05.09 2012도15540

상해등

Text

The appeal is 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 on the ground of the grounds of appeal as to attempted crime of robbery, the lower court is justifiable to have found the Defendant guilty of attempted crime of robbery among the facts charged in the instant case on the grounds indicated 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 logic and experience and the free evaluation of evidence, or by misapprehending

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court as to the ground of appeal on the damage to property and obstruction of business, the lower court is justifiable to have found the Defendant guilty of causing damage to property and obstruction of business to the victim N among the facts charged in the instant case 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

In addition, considering the reasoning of the judgment below in light of the records, the court below's rejection of the defendant's claim on the mental and physical disorder based on the circumstances as stated in its holding, and there is no error of law such as incomplete hearing or misunderstanding of legal principles as

3. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court as to the grounds of appeal on injury, the lower court is justifiable to have found the Defendant guilty of injury among the facts charged in the instant case on the grounds stated in its reasoning, and contrary to what is alleged in the grounds of appeal, exceeding the bounds of the principle of free evaluation of evidence and logical rules,