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(영문) 대법원 2016.08.25 2016도6722
상해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the record, it is justifiable for the court below to reverse the judgment of the court of first instance which found the Defendant guilty on the ground that the obstruction of business among the facts charged in the instant case constitutes a case where there is no proof of criminal facts, and to find the Defendant not guilty. In so doing, the court below did not err by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, exceeding the bounds of the principle of logic and experience, exceeding the bounds of the principle of free evaluation, or by misapprehending the legal principles

On the other hand, the prosecutor appealed against the guilty portion of the judgment below, but does not state the grounds of appeal as to this portion in the petition of appeal or the reasons of appeal.

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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