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(영문) 대법원 2018.04.10 2017도20714
상해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court reversed the first instance judgment convicting the Defendant on the part of the facts charged of the instant case on the grounds that there was no proof of crime, and acquitted the Defendant on the grounds thereof.

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the meaning of the injury in the crime of injury

On the other hand, the prosecutor appealed the entire judgment of the court below, but the dismissal part of the prosecution did not state the grounds of appeal on the petition of appeal or the reasons 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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