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(영문) 대법원 2021.01.14 2020도15134
상해등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of the Prosecutor’s appeal, the lower court reversed the first instance judgment convicting the Defendant on the part of the instant facts charged on the grounds that there was no proof of crime, and acquitted the Defendant.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of intimidation.

2. On the grounds of the Defendant’s final appeal, the lower court convicted the Defendant of the insult of the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the relevant legal doctrine.

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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