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(영문) 대법원 2019.10.31 2019도11593
상해
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the public prosecutor, the lower court acquitted Defendant B on the ground that there was no proof of crime as to the part of the facts charged against Defendant B.

Examining the reasoning of the lower judgment in light of the relevant legal doctrine and the evidence duly admitted, the lower court did not err by failing to exhaust all necessary deliberations, thereby exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by exceeding the bounds of the principle of free evaluation of evidence, thereby adversely affecting the conclusion of the judgment.

A prosecutor appealed from the judgment of the court below as to the guilty portion against Defendant B, but does not state the grounds for objection to this part in the petition of appeal and the appellate brief.

2. As to the Defendant B’s grounds of appeal, the lower court convicted Defendant B of the part of the charges of assault included in the facts charged against Defendant B.

The judgment below

Examining the reasoning and record, 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 omitting necessary judgments, thereby adversely affecting the conclusion of the judgment.

3. As to the Defendant C’s grounds of appeal, the lower court convicted Defendant C of the facts charged on the grounds as stated in its reasoning.

Examining the relevant legal principles and records, 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 misapprehending the legal doctrine on injury in the crime of injury.

4. 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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