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(영문) 대법원 2014.08.28 2014도7360
폭행
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the court of first instance, and argued mistake of facts as the grounds for appeal along with unreasonable sentencing.

Nevertheless, the lower court rejected the Defendant’s appeal on the sole basis of the Defendant’s allegation of unfair sentencing, and dismissed the Defendant’s appeal without determining the allegation of mistake of facts.

However, in light of the evidence duly adopted by the court of first instance, the court below’s finding the Defendant guilty of the facts charged in this case is just in its conclusion, and contrary to the allegations in the grounds of appeal, there were no errors in the misapprehension of the law of logic and experience and the principle of free evaluation of evidence, thereby affecting the conclusion of the judgment.

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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