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(영문) 대법원 2014.03.27 2013도15565
건설산업기본법위반등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. As to the violation of the Framework Act on the Construction Industry, the argument points out that the lower court erred in its fact-finding on this part of the facts charged.

However, the recognition of facts and the selection and evaluation of evidence conducted on the premise thereof are within the discretionary power of the fact-finding court unless it goes beyond the bounds of the principle of free evaluation of evidence by violating logical and empirical rules.

In light of the records, in this case where it is not possible to find out that the facts established by the court below exceeded the above limit even after examining the reasoning of the judgment below, the above appeal shall not be accepted merely because it criticizes the matters falling under the exclusive authority of the court below.

2. According to the record as to the violation of the Punishment of Violences, etc. Act (joint assault), the Defendant appealed against the judgment of the first instance, and asserted facts-finding and misapprehension of legal principles as to self-defense as the grounds for appeal, and withdrawn the grounds for appeal as alleged in the second trial of the lower court, and asserted only the grounds for unreasonable sentencing as the grounds for appeal.

In such a case, the court below violated the rules of evidence.

No appeal is allowed to be filed with the Supreme Court with the Supreme Court for a new reason, such as a violation of the legal principles on self-defense.

3. 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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