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(영문) 대법원 2016.06.28 2016도3661
상해등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court’s judgment that found the Defendant guilty of injury among the facts charged in the instant case on the grounds stated in its reasoning is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the bounds of free evaluation of evidence against logical and empirical rules, or by misapprehending the relevant legal doctrine.

2. Examining the reasoning of the lower judgment regarding the prosecutor’s appeal in light of the record, it is justifiable for the lower court to maintain the first instance judgment that acquitted the Defendant on July 12, 2014 of the facts charged in the instant case, on the grounds stated in its reasoning, on the ground that there is no proof of crime. In so doing, contrary to the allegations in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on the public performance in the crime of insult, by failing to exhaust all necessary deliberations, thereby 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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