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(영문) 대법원 2013.07.25 2013도6174
폭력행위등처벌에관한법률위반(공동상해)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Defendant

The defense counsel's argument in the grounds of appeal is that the defendant did not commit any act such as intimidation as stated in the facts charged in this case with respect to the injury to and conflict with the victim K, victim I, and the attack against P, and that the defendant was guilty by making a false fact-finding without examining the evidence of other witnesses who made the statement of the above victims, although the examination machine in the judgment of the court below is not the ownership of the defendant, but it is different from the facts charged.

However, the recognition of facts and the selection and evaluation of evidence, which are the premise thereof, belong to the exclusive authority of the fact-finding court unless it exceeds the limit of the free evaluation of evidence

The judgment below

In light of the records, the fact-finding by the court below is not recognized to have exceeded the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules.

Therefore, the above argument in the grounds of appeal is merely to criticize matters falling under the exclusive right of the court of original judgment, and it cannot be accepted as a legitimate ground of appeal.

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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