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(영문) 대법원 2014.02.13 2013도12841
폭력행위등처벌에관한법률위반(공동상해)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to Defendant A’s grounds of appeal in light of the evidence duly admitted by the lower court, we affirm the lower court’s finding Defendant A guilty of the violation of the Punishment of Violences, etc. Act (joint injury) among the facts charged in the instant case and the insult on November 3, 201, on the grounds indicated in its reasoning. In so doing, the lower court did not err by failing to exhaust all necessary deliberations, exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the crime of injury and insult.

2. Examining the grounds of appeal by Defendant B in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment below, the court below is justified in finding Defendant B guilty of the facts charged in this case on the grounds as stated in its holding. Contrary to the allegations in the grounds of appeal, the court below did not err by failing to exhaust all necessary deliberations and exceeding the bounds of the principle of free evaluation of evidence

3. 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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