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(영문) 대법원 2015.06.24 2015도5678
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the lower court in light of the evidence duly admitted by the lower court, it is justifiable to have determined that the lower court convicted all of the facts charged of assault and bodily injury on April 5, 2014, assault on April 9, 2014, violation of the Punishment of Violences, etc. Act (a collective injury by deadly weapons, etc.) on April 10, 2014, bodily injury on April 15, 2014, obstruction of performance of official duties against Z on April 17, 2014, and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (driving of Drivers, etc.) on the grounds stated in its reasoning, and that the lower court did not exhaust all necessary deliberations and did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

In addition, considering the reasoning of the judgment below in light of the records, the court below is just in rejecting the defendant's assertion on mental and physical disability, and contrary to the allegations in the grounds of appeal, there is no error of misconception of the facts against the rules of evidence.

Meanwhile, the argument that the court below erred in the misapprehension of legal principles as to "hazardous goods" and "self-defense or excessive defense" in the crime of violation of the Punishment of Violences, etc. Act is not a legitimate ground for appeal since the defendant's ground for appeal is justified or the court below did not consider it as the subject of judgment 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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