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(영문) 대법원 2014.02.13 2013도15062
상해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The defendant's argument in the grounds of appeal is that the court below found the defendant guilty by finding wrong facts, despite the absence of any injury inflicted on the victim as stated in the facts charged.

However, the recognition of facts and the selection and evaluation of evidence, which are the premise thereof, belong to the exclusive authority of the fact-finding court unless it exceeds the limit of the free evaluation of evidence

The judgment below

Even in light of the records, the fact-finding by the court below is not recognized to have exceeded the bounds of the principle of free evaluation of evidence against logical and empirical rules.

Therefore, the above argument in the grounds of appeal is merely to criticize matters falling under the exclusive right of the court of original judgment, and it cannot be a legitimate ground of appeal.

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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