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(영문) 대법원 2014.02.27 2013도14898

강도치상등

Text

All appeals are dismissed.

Reasons

The Defendants’ grounds of appeal are examined together (to the extent of supplement in case of supplemental appellate briefs not timely filed by Defendant A).

1. Examining the grounds of appeal on the injury by robbery in light of the evidence duly admitted by the court below, the court below is just in finding Defendant A and B guilty of the injury by robbery among the facts charged in this case on the grounds as stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the law on logic and experience and exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal principles on the concept of injury in the crime of injury by robbery.

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court as to the grounds of appeal on special robbery, the lower court is justifiable to have found the Defendants guilty of the charges of special robbery of this case on the grounds indicated in its reasoning. In so doing, the lower court did not err by misapprehending the law on logic and experience and exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal doctrine on the coercion in special robbery and the establishment of joint crimes, as otherwise alleged in the grounds 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.