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(영문) 대법원 2015.09.10 2015도10991
폭력행위등처벌에관한법률위반(공동상해)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The gist of the grounds of appeal is that the judgment of the court below is unlawful, inasmuch as the court below found the defendant not guilty by finding the remaining erroneous facts in violation of logical and empirical rules, even though the court below found the defendant guilty of the facts charged in this case (excluding the part concerning the charge of oil) in light of the evidence submitted by the prosecutor

However, the recognition of facts and the selection and evaluation of evidence conducted on the premise thereof belong to the exclusive authority of the fact-finding court unless they exceed the bounds of the principle of free evaluation of evidence, and the ground of appeal is merely a dispute over the fact-finding belonging to the exclusive authority of the court below and it

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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