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(영문) 대법원 2014.08.28 2014도8665
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its reasoning, the lower court determined that it is reasonable to view that the Defendant taken a knife for the purpose of threatening the victim, as stated in the facts charged in the instant case, and rejected the allegation of the grounds for appeal of mistake of facts disputing

The allegation in the grounds of appeal is nothing more than disputing the judgment of the court below on the selection and probative value of evidence belonging to the free judgment of the fact-finding court, or finding facts based on such judgment. In light of the evidence duly admitted, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence.

Other grounds of appeal are not legitimate grounds of appeal since the defendant did not claim as the grounds of appeal in the original judgment, and the original judgment did not decide ex officio.

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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