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(영문) 대법원 2020.05.14 2020도1317
폭력행위등처벌에관한법률위반(공동상해)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The lower court reversed the first instance judgment convicting Defendant B and D of the instant facts charged on the ground that there was no proof of a crime regarding the violation of the Punishment of Violences, etc. Act (joint destruction and damage, etc.) among the instant facts charged, and acquitted the Defendant.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the co-existence or intent of co-ownership in the crime of violating the Punishment of Violences, etc. Act

2. On the grounds of appeal by the Defendants, the lower court convicted the Defendants of the violation of the Punishment of Violences, etc. Act (community distribution), the violation of the Punishment of Violences, etc. Act (joint injury) and the violation of the Punishment of Violences, etc. Act (joint injury), and the part concerning the obstruction of special performance of official

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the commencement of commission in the crime of violation of the Punishment of Violences, etc. Act (community distribution) and the causation in the crime of violation of the Punishment of Violences, etc. Act (joint injury)

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

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