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(영문) 대법원 2018.03.15 2018도322

특수상해

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the grounds of Defendant B’s appeal in light of the evidence duly admitted by the lower court, the lower court’s determination that Defendant B was guilty on the grounds indicated in its reasoning is justifiable, and 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, or by misapprehending the legal doctrine on

2. Examining the reasoning of the lower judgment as to the prosecutor’s appeal in light of the record, the lower court is justifiable to reverse the first instance judgment convicting Defendant A on the ground that there is no proof of crime regarding the facts charged in this case (including the part not guilty of the grounds) against Defendant A, and to have rendered a acquittal. 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

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