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(영문) 대법원 2013.06.13 2013도3885
상해
Text

The appeal is dismissed.

Reasons

The argument in the grounds of appeal is the purport that the court below found the defendant guilty by misunderstanding the facts, although the defendant did not have any injury like the facts charged, even though he did not have any harming the victim at the time and place stated in the facts charged, which is unlawful.

However, the recognition of facts and the selection and evaluation of evidence conducted on the premise thereof are within the discretionary power of the fact-finding court unless it exceeds the limit of the free evaluation of evidence.

The judgment below

Even if examining the reasons in light of the record, the court below cannot find out the reasons that the court below exceeded the limit of the principle of free evaluation of evidence.

Therefore, the above argument in the grounds of appeal is merely to criticize the matters falling under the exclusive authority of the court below, and it does not constitute a legitimate ground of appeal.

In addition, even if examining records, the lower court did not err by misapprehending the legal doctrine on the selection of evidence, etc., as alleged in the grounds of appeal.

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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