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(영문) 대법원 2014.04.24 2014도2574
상해치사
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 and probative value of evidence conducted on the premise of fact finding belongs to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). For the reasons indicated in its reasoning, the court below reversed the judgment of the court of first instance which acquitted the facts charged of this case and found the defendant guilty, on the ground that it is reasonable to view that the defendant used the violence of shocking the victim's head, which is the cause of the victim's death, which is the cause of the victim's death, caused the shock of the victim's head.

The allegation in the grounds of appeal is nothing more than disputing the judgment of the court of fact-finding on the selection of evidence and probative value belonging to the free judgment of the court of fact-finding. While examining the reasoning of the judgment below in light of the evidence duly admitted, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by failing to exhaust all necessary deliberations.

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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