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(영문) 대법원 2017.03.30 2017도1150
중상해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

Examining the evidence duly adopted and examined by the lower court and the first instance court, it is justifiable for the lower court to have found the Defendant guilty of the injury resulting from the injury among the facts charged in the instant case on the grounds stated in its reasoning.

In doing so, 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 misapprehending the legal doctrine on the relation and predictability in the crime of death resulting in bodily injury.

In addition, the argument that the defendant's act constitutes a legitimate defense or excessive defense is not a legitimate ground for appeal, as it is asserted by the court of final appeal that the defendant's act was based on appeal or that the court below was not subject to a judgment ex officio.

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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