beta
(영문) 대법원 2015.06.23 2015도5759

강도상해

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendant’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable in finding the Defendant guilty of violating the Punishment of Violences, etc. Act (a joint injury) among the facts charged in the instant case (excluding the part that was judged not guilty in the original trial) on the grounds indicated 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 logic and experience

2. Examining the reasoning of the lower judgment in light of the records, it is justifiable for the lower court to have found the Defendant not guilty of the injury by robbery among the facts charged in the instant case (excluding the part found guilty in the original trial) on the grounds as stated in its reasoning, and contrary to what is alleged in the grounds of appeal, the lower court did not err by violating the logical and empirical rules and by exceeding

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