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(영문) 대법원 2017.05.30 2017도3003
폭력행위등처벌에관한법률위반(공동상해)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of the prosecutor’s appeal, the lower court affirmed the first instance judgment that acquitted the Defendant on the ground that there was no proof of crime regarding the violation of the Punishment of Violences, etc. Act (joint injury) among the facts charged in the instant case, on the grounds stated in its reasoning.

The judgment below

In light of the records, the above judgment of the court below is just and it did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, contrary to the allegations in the grounds of appeal.

2. Examining the reasoning of the lower judgment’s appeal in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have determined that the Defendant was guilty of this case’s facts charged (excluding the portion not guilty of the grounds for appeal) on the grounds indicated in its reasoning. In so doing, it 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 the defense of a political party

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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