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(영문) 대법원 2013.03.28 2013도1166
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the evidence duly admitted by the court of first instance as cited by the court below, it is just that the court below found the defendant guilty of violating the Punishment of Violences Act (a collective deadly weapon injury) on the grounds as stated in its reasoning. There is no error of law by misapprehending the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles as to the presumption of innocence or the degree of proof in criminal proceedings or the burden of proof.

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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