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(영문) 대법원 2014.01.16 2013도13897
상해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The argument in the grounds of appeal reveals that the victim tried to assault the defendant's head debt with a tree blag which was boomed by the defendant's hand, and that the victim was flaged by the defendant, and the flag was flaged by the victim's face, and the defendant was injured by the victim.

The purport of the above is that the court below erred by finding wrong facts and by misunderstanding the legal principles as to the establishment of the crime, even if the victim was injured by the above act, it cannot be deemed that there was an intention to inflict an injury on the defendant, and even if the victim was injured by the above act, it is unlawful.

However, the recognition of facts and the selection and evaluation of evidence, which are the premise thereof, belong to the exclusive authority of the fact-finding court unless it exceeds the limit of the free evaluation of evidence

The judgment below

In light of the records, the court below cannot find out the grounds that the court below exceeded the bounds of the principle of free evaluation of evidence against logical and empirical rules, and there is no illegality in the misapprehension of legal principles as to the establishment of the above crime.

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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