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(영문) 대법원 2018.10.04 2018도10479

특수상해

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court upheld the conclusion of the first deliberation that acquitted the Defendant of any special injury among the facts charged in the instant case on the ground that the evidence submitted by the prosecutor alone is insufficient to recognize a functional control over the Defendant’s act of inflicting bodily injury on G with the intent of joint processing and joint intent.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal principles as to joint principals

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