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(영문) 대법원 2016.04.28 2016도1982
상해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the preparation of evidence and the probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). For the reasons stated in its reasoning, the lower court acknowledged the fact that the Defendant inflicted an injury on the victim as stated in the facts constituting the crime in the judgment of the first instance court, and determined that the Defendant’s act does not constitute a legitimate defense, and rejected the allegation in the grounds of appeal as to mistake of facts and misapprehension of

The allegation in the grounds of appeal is the purport of disputing the recognition of facts by the lower court, and is merely an error of the lower court’s determination on the selection and probative value of evidence, which belong to the free judgment of the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal principles, relevant legal principles as indicated in the lower judgment, and evidence duly admitted, the lower court did not exhaust all necessary deliberations, as alleged in the grounds of appeal, and did not err by exceeding the bounds of free evaluation doctrine by exceeding the bounds of 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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