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(영문) 대법원 2013.09.26 2013도9477
상해
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant’s grounds of appeal, the lower court determined that at the time of the instant case, the Defendant committed an assault, such as receiving the victim’s chest and shoulder part by body, on the grounds as stated in its reasoning, and rejected the Defendant’s allegation in the grounds of appeal as to the mistake of facts.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of logic and experience and the principle of free evaluation of evidence in determining the probative value of evidence, or by misapprehending the legal doctrine on the degree of probative value necessary for the recognition of facts constituting an offense, contrary to what is alleged in the grounds

2. On the grounds of appeal by the prosecutor, the court below affirmed the judgment of the court of first instance which acquitted the Defendant on the ground that there was no proof of the relevant crime, and rejected the prosecutor’s allegation in the grounds of appeal as to mistake of facts and misapprehension of legal principles.

The judgment below

Examining the reasoning of the record in light of the record, the lower court did not err in its judgment by violating logical and empirical rules and by exceeding the bounds of the principle of free evaluation of evidence.

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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