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(영문) 대법원 2013.10.31 2013도5069
폭력행위등처벌에관한법률위반(공동상해)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendants’ grounds of appeal in light of the evidence duly admitted by the lower court and the first instance court, the lower court’s judgment, on the grounds indicated in its reasoning, is justifiable to have determined Defendant A guilty of interfering with business and the instant facts charged against Defendant B, C, and D. In so doing, the lower court did not err by failing to exhaust all necessary deliberations or by exceeding the bounds of the principle of free evaluation of evidence.

2. Examining the reasoning of the lower judgment in light of the records, we affirm the lower court’s finding Defendant A not guilty on the ground that the violation of the Punishment of Violences, etc. Act (joint withdrawal) and the violation of the Punishment of Violences, etc. Act (joint injury) among the facts charged in the instant case against Defendant A constituted a case where there is no proof of crime. In so doing, the lower court did not err by violating the law of logic and experience and exceeding the bounds of the principle

On the other hand, although the prosecutor submitted a written appeal to the effect that he/she is dissatisfied with the guilty portion of the judgment of the court below, he/she did not state the grounds of appeal as to that portion in the appellate brief. Thus, this part of the

3. 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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