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(영문) 대법원 2015.07.23 2015도6992
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on Defendant C’s grounds of appeal, the Defendant appealed against the judgment of the first instance, and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that the lower court erred by mistake of facts or by misapprehending the legal principles cannot be a legitimate ground for appeal.

2. Examining the evidence duly admitted and examined by the lower court and the first instance court as to Defendant B’s grounds of appeal, the lower court’s determination that the Defendant was guilty of the facts charged in this case on the grounds stated in its reasoning is justifiable.

There is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or of misapprehending the legal principles.

3. Examining the evidence duly adopted and examined by the lower court and the first instance court on Defendant G and E’s grounds of appeal, the lower court is justifiable to have determined that the Defendants were guilty of the facts charged in this case on the grounds stated in its reasoning.

There is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on self-defense and legitimate acts.

4. Examining the evidence duly admitted and examined by the lower court and the first instance court on Defendant F’s grounds of appeal, the lower court’s determination that the Defendant was guilty of the facts charged in this case on the grounds stated in its reasoning is justifiable.

There is no violation of the principle of free evaluation of evidence against logical and empirical rules.

5. 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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