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(영문) 대법원 2018.01.25 2017도19057
특수상해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the record, it is justifiable for the lower court to reverse the judgment of the first instance court that found the Defendant guilty on the grounds that there was no proof of crime regarding the special intimidation among the facts charged in the instant case, and to render a not guilty verdict. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by exceeding the bounds of the principle of free evaluation or by misapprehending the legal doctrine on special

On the other hand, the prosecutor appealed the entire judgment of the court below, but the prosecutor did not state the grounds for appeal as to the guilty portion and did not state the grounds for appeal in the notice of appeal.

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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