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(영문) 대법원 2013.08.14 2013도5461
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below is just in finding that there is no proof of the facts charged in violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) on the ground as stated in its holding, and it is not erroneous in the misapprehension of the legal principle as to "the carrying of dangerous articles" in the crime of violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) and the crime of injury related to a single crime. There is no error in the misapprehension of the bounds of the principle of free evaluation of evidence, or in the misapprehension of the legal principle as to

On the other hand, the prosecutor appealed against the guilty portion of the judgment below, but there is no specific ground of appeal in the petition of appeal, and there is no ground of appeal as to this part.

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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