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(영문) 대법원 2014.06.12 2014도2984
상해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the court below rejected the grounds of appeal on mistake of facts and misapprehension of legal principles that the defendant abused and injured the victim as stated in the facts charged, and that such act of the defendant does not constitute self-defense.

All of the grounds of appeal disputing the lower court’s factual recognition are merely erroneous in the determination of the lower court’s choice of evidence and probative value, which belong to the free judgment of the fact-finding court. In light of the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on self-defense or by exceeding the bounds of the principle of free evaluation of evidence, contrary to what is alleged in the grounds

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed, and thus, in this case where a fine is imposed against the defendant, the argument that the sentencing of the sentence

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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