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(영문) 대법원 2016.12.15 2016도6427
특수상해등
Text

The judgment of the court below is reversed, and the case is remanded to Cheongju District Court Panel Division.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed) by the defendant, who was filed on June 16, 2016 and September 28, 2016.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found the Defendant guilty of all the charges of this case (excluding the part on innocence and acquittal of the reasoning) on the grounds as stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the bounds of the principle of free evaluation of evidence

2. As to the Prosecutor’s ground of appeal

A. On April 9, 2015, at around 18:30 on April 18, 2015, the summary of the Special Injury among the facts charged in the instant case, the Defendant laid down a stone with a string in front of the Cheongwon-gu, Cheongju-si, with a stone with a view to the Defendant’s assault on his hand, and left the Defendant’s arms when the victim D, who was a driving-down of E, was cut off and driven away from the view of the escapeer, and prevented the Defendant from cutting off the Defendant’s arms. In the process of using the Defendant’s knife with the Defendant’s knife, the Defendant knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife k.

B. The lower court found the Defendant guilty on the ground that the evidence submitted by the Prosecutor alone on the grounds as follows is insufficient to recognize the fact that the Defendant was knife of the victim D’s head behind the victim D, and that there is no other evidence to acknowledge it.

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