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(영문) 대법원 2016.12.15 2016도16380
상해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, the lower court’s determination that all of the charges of this case was guilty on the grounds stated in its reasoning is justifiable, and 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 self-defense and burden of proof.

On the other hand, the lower court erred by misapprehending the legal principles as to legitimate acts, excessive defense, emergency evacuation, excessive escape, self-help, and excessive self-help.

The argument that the gist of evidence in the judgment of the court of first instance is insufficient shall not be a legitimate ground for appeal, as it is asserted by the defendant only in the final appeal that there was no ground for appeal, or that there was no ground for appeal subject to ex officio determination by the

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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