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(영문) 대법원 2014.11.13 2014도11981
상해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment below, the court below was just in finding the Defendant guilty of inflicting injury on the victim F among the facts charged in this case on the grounds as stated in its reasoning. Contrary to what is alleged in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence and exceeding the bounds of the principle of logic

In addition, the argument of misunderstanding of facts or misunderstanding of legal principles as to the injury of victim G in the grounds of appeal is asserted only when the defendant took it as the grounds of appeal, or the court below did not take it as the subject of ex officio judgment in the final appeal,

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the

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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