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(영문) 대법원 2015.08.13 2015도2561
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendant’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable to have determined that the Defendant was guilty of all of the charges of violating the Child Welfare Act and the Punishment of Violences, etc. Act (a collective deadly weapons, etc.) on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on “treatment” in the crime of violating the Child Welfare Act, the grounds for excluding illegality, and the crime of violating the Punishment of Violences, etc. Act (a collective weapon, etc.).

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, it is justifiable to maintain the first instance judgment which acquitted the Defendant on the ground that there was no proof of criminal facts regarding the violation of the Punishment of Violences, etc. Act (collectively weapons, etc.) among the facts charged in the instant case. Contrary to the allegations in the grounds of appeal, the lower court did not err by failing to exhaust all necessary deliberations, exceeding the bounds of the principle of free evaluation of evidence

On the other hand, the prosecutor appealed against the guilty portion of the judgment below, but the notice of appeal or the appellate brief does not indicate the grounds for objection to this part.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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