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(영문) 대법원 2019.05.16 2019도359

상해

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The court below reversed the judgment of the first instance that found the Defendant guilty of the crime of injury on the grounds that there is insufficient proof of injury to the facts charged of this case, and found the Defendant guilty of the crime of assault on the grounds of its reasoning.

The judgment below

Examining the reasoning of the lower judgment in light of the record, 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 exceeding the bounds of the principle of free evaluation of evidence against the principle of court-oriented trials and the principle of direct examination.

On the other hand, the prosecutor appealed the entire judgment of the court below, but the guilty part does not include the grounds of objection in the petition of appeal and the appellate brief.

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