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(영문) 대법원 2014.01.23 2013도13549
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the first instance court examined G as a witness on the third trial date at the request of a prosecutor, and at the time, the full bench or the prosecutor at the time acknowledged the fact that the defendant did not take any measures to confirm the actual authenticity of the written statement by the police of G with respect to G which the defendant did not consent, so in light of the above legal principles, the above evidence is inadmissible because it fails to meet the requirements of Article 312(4)

Nevertheless, it can be said that the first instance court adopted it as evidence and maintained it by the court below.

However, in light of the records, even with the remaining evidence duly adopted by the first instance court, it is sufficient to find the Defendant guilty of the violation of the Punishment of Violence, etc. Act (a collective injury with deadly weapons, etc.) against the victim F among the facts charged in the instant case. Therefore, the above erroneous judgment of the court below cannot be deemed to have affected the judgment.

Ultimately, we cannot accept all the allegation in the grounds of appeal that the lower court erred by misapprehending the legal doctrine on admissibility of evidence against logical and empirical rules and beyond the bounds of the principle of free evaluation of evidence.

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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