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(영문) 대법원 2015.03.20 2015도1463
중상해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The gist of the grounds of appeal is that the judgment of the court below is unlawful, since the court below found the defendant not guilty of the serious injury by finding false facts in violation of the rules of evidence, although the evidence submitted by the prosecutor sufficient proof of the serious injury among the facts charged in this case.

However, inasmuch as the fact finding and the selection and evaluation of evidence conducted based on it do not exceed the bounds of the principle of free evaluation of evidence, they belong to the exclusive authority of the fact-finding court, and there is no reason to deem that the lower court exceeded the bounds of the principle of free evaluation of evidence even after examining the records, the allegation in the grounds of appeal is merely disputing the fact finding belonging to the exclusive authority

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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