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(영문) 대법원 2017.05.11 2017도4158
상해등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the record as to the Defendant’s appeal, the Defendant did not submit a petition of appeal to the lower court, and only submitted the title of “written reason for appeal” to the Supreme Court by the national defense counsel on April 6, 2017, after the period for filing an appeal expires.

In light of the method and purport of the above written ground of appeal, it can be seen as the ground of appeal, but since it was submitted after the period for filing an appeal has expired, the defendant's appeal may be dismissed by decision in accordance with Article 381 of the Criminal Procedure Act, but the appeal shall be dismissed by decision en bloc with the prosecutor'

2. Examining the reasoning of the lower judgment in light of the record, it is justifiable for the lower court to reverse the first instance judgment on the grounds that there was no proof of a crime as to the assault by using hedges against the victim J among the modified facts charged in the instant case on the grounds stated in its reasoning, and to render a not-guilty verdict on the grounds thereof. In so doing, the lower court did not err by failing to exhaust all necessary deliberations, exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine as to

On the other hand, the prosecutor appealed the entire judgment of the court below, but the guilty part does not indicate the grounds of appeal against the petition of appeal or the reasons of appeal.

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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