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(영문) 대법원 2017.05.11 2017도1514

폭력행위등처벌에관한법률위반(공동폭행)등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment’s appeal in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have determined that the Defendants were guilty of this case’s facts charged (excluding the part dismissing the prosecution against Defendant F and G) on the grounds stated in its reasoning. 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 evaluation of evidence in violation of logical

2. As to the reasons for the prosecutor’s appeal, the lower court upheld the first instance judgment dismissing the public prosecution on the grounds that the victims’ accusation against insults among the facts charged in the instant case against Defendant F and G expired by the lapse of the filing period, and that it was an incidental legal act.

The judgment below

Examining the reasoning in light of the record, the above determination by the court below is just, and there is no error of law by misapprehending the legal principles as to the complaint subject to victim's complaint.

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