logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2018.04.26 2018도3236
상해
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act regarding the grounds for appeal by the defendant, an appeal may be filed on the ground that the judgment of the court below has affected the conclusion of the judgment, only in cases where the punishment of death or imprisonment with or without prison labor for an indefinite term or for not less than ten

Therefore, in this case where a more minor sentence is imposed on the defendant, the defendant's ground of appeal that leads to misapprehension of the legal principles as to the degree of proof required in the criminal trial, failure of deliberation, violation of the rules of evidence, and mistake of facts is merely a dispute over the judgment of the court of fact-finding, which actually belongs to the free judgment of the fact-finding court, or recognition of facts based on such judgment. Thus, the defendant'

2. Examining the reasoning of the judgment of the court below in light of the records, it is just for the court below to reverse the judgment of the court of first instance which found the defendant guilty on the ground that there is no proof of crime as to the injury among the facts charged of this case among the facts charged of this case, and to find the defendant not guilty on the grounds of the appeal. There is no violation of law of free evaluation of evidence

On the other hand, the prosecutor appealed the entire judgment of the court below, but the guilty part does not indicate specific grounds for appeal in the final appeal and the reasoning of the final appeal.

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

arrow