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(영문) 대법원 2013.11.28 2013도11283
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the decision of the first instance court to judge the facts charged in this case according to the summary trial procedure is just and acceptable.

In addition, in light of the evidence duly admitted by the court below, the court below is just in finding the defendant guilty as to the violation of the Punishment of Violences, etc. Act.

In so doing, contrary to the allegations in the grounds of appeal, there is no error of finding facts against logical and empirical rules.

The allegation in the grounds of appeal that the court below erred by misapprehending the legal principles as to the injury in the crime of violation of the Punishment of Violences, etc. Act, or by failing to recognize mental or physical disorder against the defendant is not a legitimate ground of appeal since the defendant alleged in the grounds of appeal that the defendant did not take it as a ground of appeal or have not taken it as an object

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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