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(영문) 대법원 2020.02.06 2019도16361
상해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court affirmed the first instance judgment that acquitted the Defendant on the part of the facts charged of the instant case on the grounds that there was no proof of crime, and found the part of the assault included therein.

The judgment below

Examining the reasoning in light of relevant legal principles and records, 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 misapprehending the legal doctrine on injury

On the other hand, the prosecutor appealed the entire judgment of the court below, but did not state the grounds of objection in the petition of appeal or 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.

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