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(영문) 대법원 2014.02.21 2014도95
상해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The defendant's argument in the grounds of appeal is that the court below convicted the defendant by conducting a reliable fact-finding with the victims' false statements, etc. although the defendant did not assault and injure the victims.

However, the recognition of facts and the selection and evaluation of evidence conducted on the premise thereof are within the discretionary power of the fact-finding court unless it exceeds the limit of the free evaluation of evidence.

The judgment below

Even if examining the reasoning of the record in light of the record, it is not recognized that the judgment of the court below exceeded the bounds of the principle of free evaluation of evidence against logical and empirical rules.

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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