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(영문) 대법원 2016.06.28 2016도5157

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

All appeals are 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 as to the Defendant’s grounds of appeal, the lower court was justifiable to have found the Defendant guilty of special injury, which is the facts charged in the instant case, for the reasons indicated in its reasoning, and there was no error of misapprehending the legal doctrine regarding “injury to carry dangerous articles” as alleged in

2. Examining the reasoning of the judgment of the court below in light of the records, it is just to maintain the judgment of the court of first instance which acquitted the defendant of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., escape vehicles) and violation of the Road Traffic Act (ii) among the facts charged in the instant case on the grounds stated in its reasoning, on the ground that there is no proof of crime. In so doing, contrary to what is alleged in the ground of appeal, the court below did not err by exceeding the bounds of free conviction due to violation of logical

On the other hand, the prosecutor appealed against the guilty portion of the judgment below, but does not indicate the grounds of appeal as to this part of the appeal and the reasons of appeal.

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