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(영문) 대법원 2015.01.15 2014도9006

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, although the defendant asserted a mistake of facts as to the facts charged in the statement of grounds for appeal and the defendant was not clearly withdrawn from the above mistake of facts on the date of the original trial, the court below determined the defendant's grounds for appeal only by misapprehending legal principles

The Defendant asserted the same purport as the grounds for appeal concerning the facts charged in this case, and it can be seen that the lower court omitted the judgment on the aforementioned facts charged in this case.

However, in light of the evidence adopted by the lower court, the facts charged in the instant case can be fully convicted, and the lower court did not err by misapprehending the legal doctrine on the principle of logic and experience or by misapprehending the legal doctrine on the principle of trial on evidence, and thus, the omission of the said judgment did not affect the judgment.

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