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(영문) 대법원 2015.05.28 2015도4517
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and probative value of evidence conducted on the premise of fact finding belong to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). Based on its stated reasoning, the lower court determined that the Defendant was aware of the fact that he threatened the victim with a temporary border of each of the facts charged in the instant case, and rejected the allegation of grounds for appeal as to mistake of facts, and convicted all of the charges

The allegation in the grounds of appeal disputing such a judgment of the court below is merely an error of the judgment of the court below on the selection and probative value of evidence belonging to the free judgment of the court of fact-finding.

In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the crime of violation of the Punishment of Violences, etc. Act (collectively weapons,

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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