beta
(영문) 대법원 2014.07.10 2014도931

살인미수등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the evidence of the first instance court’s adoption maintained by the lower court, it is acceptable to find the lower court guilty of all the charges of this case on the grounds indicated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on "damage and damage to property" in the crime of violating the Punishment of Violences, etc. Act (such as deadly weapons).

Meanwhile, the argument that the victim’s adoption of the victim’s statement at the sixth trial date as evidence of guilt is contrary to the principle of evidence judgment, the principle of court-oriented trial, and the defendant’s right to a fair trial is infringed, is asserted only when the court below made a final appeal that the victim was not subject to a judgment ex officio, and it does not constitute a legitimate

Furthermore, even if ex officio examination is conducted, there is no error as alleged in the judgment below.

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