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(영문) 대법원 2021.03.11 2021도83
상해
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The lower court reversed the first instance judgment that found the Defendant guilty on the part of the injury, which was the instant facts charged, on the grounds that there was no proof of crime, and acquitted the Defendant on the grounds thereof.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on injury, etc.

The Prosecutor appealed to the entire judgment of the court below, but did not state specific grounds for appeal in the petition of appeal or the reasoning of appeal as to the guilty portion.

2. As seen earlier, the lower court rendered a not guilty verdict on the part of the injury, which is the facts charged of the instant case, and found the Defendant guilty of the crime of assault, which is a reduced fact

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the defense of a political party, legitimate act, etc.

The court below rejected the defendant's application for examination of evidence or the motion for resumption of pleadings since the adoption or closure of the motion for examination of evidence is the discretion of the court.

Even if there is no illegality, it cannot be said that there is no illegality.

3. The final appeal by the prosecutor and the defendant is all dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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