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(영문) 대법원 2017.10.26 2017도11866
상해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the preparation of evidence and the probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). For the reasons stated in its reasoning, the lower court determined that the Defendant inflicted an injury on the victim as stated in its reasoning of the first instance court, and maintained the first instance judgment which accepted the Defendant’s allegation of grounds for appeal as to mistake of facts, misunderstanding of legal principles, and rejected the Defendant’s allegation of grounds

The allegation in the grounds of appeal disputing the determination of facts based on which the lower court’s determination was based is merely an error in the determination of the lower court’s choice of evidence and probative value, which belongs to the free judgment of the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err by exceeding the bounds of free evaluation of evidence, contrary to what is alleged in the grounds of appeal, by exceeding the bounds of the principle of logic and experience

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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