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(영문) 대법원 2014.05.16 2014도3489
상해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the lower court and the first instance court in light of the evidence duly admitted, the lower court is justifiable to have found the Defendant guilty of the facts charged of the instant case on the grounds as stated in its reasoning, and there is no error of misapprehending the rules of logic and experience and free evaluation of evidence.

In addition, the issue of whether to adopt the application for examination of evidence may not be examined when the court deems it unnecessary at the discretion of the court (see, e.g., Supreme Court Decision 2010Do7947, Jan. 27, 2011). Thus, even if the court below rejected the defendant's application for witness, it cannot be said that the court below erred in its determination. Furthermore, according to the records, the defendant withdrawn the application for witness as to I on the third trial date of the court below, and the court below did not dismiss the application for witness, and there

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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