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(영문) 대법원 2017.09.26 2017도12118

상해

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court upheld the first instance judgment that acquitted the Defendant on the charge of the instant injury on the ground that there was no proof of the relevant crime, and affirmed the first instance judgment that acquitted the Defendant on the charge of the assault included in the said charges.

The judgment below

In light of the records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, it 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 principles on the crime of injury.

On the other hand, although the prosecutor appealed to the entire judgment of the court below, the dismissal part of the public prosecution does not state the grounds of appeal.

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