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(영문) 대법원 2016.12.29 2016도15783
폭력행위등처벌에관한법률위반(집단ㆍ흉기등강요)
Text

The appeal is dismissed.

The judgment of the court of first instance is rendered on February 16, 2016, with the indication of the judgment of the court of first instance.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, the lower court’s determination that the facts charged in this case were guilty on the grounds stated in its reasoning is justifiable. In so doing, contrary to what is alleged in the grounds of appeal, the lower court erred by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine as to the reasonableness of confessions

Therefore, the appeal shall be dismissed. Since the judgment of the court of first instance has an obvious error in the indication of the judgment of the court of first instance, it shall be corrected pursuant to Article 25 of the Rules on Criminal Procedure. It is so decided as per Disposition

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