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대법원 2016.06.23 2016도4489

폭력행위등처벌에관한법률위반(공동상해)등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the reasons for Defendant A’s appeal, the recognition of facts constituting an offense ought to be proven to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and the probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). For the reasons indicated in its reasoning, the lower court determined that the first decision of the lower court, which found Defendant A to have inflicted an injury on the victim F, and that the first decision of the lower court, which found Defendant A guilty of having inflicted an injury on the victim G, was justifiable, and rejected the grounds for appeal as to

The allegation in the grounds of appeal is the purport of disputing the determination of facts by the lower court. It is nothing more than an error of the lower court’s determination on the selection and probative value of evidence, which belongs to the free judgment of the fact-finding court. Furthermore, even if examining the reasoning of the lower judgment in light of the aforementioned legal principles, relevant legal principles, and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by failing

2. As to the grounds for appeal by Defendant B, the lower court, on the grounds as indicated in its reasoning, determined that the first instance judgment, which found Defendant B guilty of having inflicted an injury on Defendant B in collaboration with Defendant A, was justifiable, and rejected the grounds for appeal as to the mistake of fact by Defendant B.

The allegation in the grounds of appeal is the purport of disputing the determination of facts by the lower court. It is nothing more than an error of the lower court’s determination on the selection and probative value of evidence, which belong to the free judgment by the fact-finding court. Furthermore, the reasoning of the lower judgment is legitimate.