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(영문) 대법원 2014.01.16 2013도13663
상해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, in light of the evidence duly admitted, the lower court is justifiable to have found the Defendant guilty of the instant injury on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by failing to exhaust all necessary

In addition, the argument that the defendant's act constitutes a legitimate act or self-defense is asserted only when the defendant took it as the ground for appeal or the court below did not take it as the object of judgment ex officio, and it does not constitute a legitimate ground for appeal.

2. Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment in relation to the larceny, the lower court was justifiable to have found the Defendant guilty of the thief of this case on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on

3. 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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