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(영문) 대법원 2014.08.28 2014도8631
폭력행위등처벌에관한법률위반(공동상해)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to Defendant A’s grounds of appeal, criminal facts should be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and probative value of evidence based on the premise of fact-finding belong to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). Examining the reasoning of the first instance judgment and the reasoning of the lower judgment in light of the evidence duly admitted, the first instance judgment and the lower judgment that convicted all the Defendant of violation of the Punishment of Violences, etc. Act (joint injury) and defamation charges, which maintained that conclusion, did not err by violating the law of logic and experience and exceeding the bounds of the principle of free evaluation of evidence, thereby adversely affecting the conclusion of the judgment.

2. As to Defendant B’s grounds of appeal, the lower court determined that Defendant B could be recognized as having inflicted an injury on the victim jointly with Defendant A, and rejected Defendant B’s allegation in the grounds of appeal on mistake of facts.

Defendant

B The allegation in the grounds of appeal is a substantial challenge to the fact-finding by the lower court, and is merely an error of the lower court’s determination as to the choice of evidence and probative value.

In addition, even if examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on intentional assault and co-principal, or by exceeding the bounds of the principle of free evaluation of evidence, or by failing to exhaust all necessary deliberations

3. Therefore, 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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