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(영문) 대법원 2015.04.23 2014도9788
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to Defendant A and B’s violation of the Punishment of Violences, etc. Act (joint injury), the lower court, on the grounds stated in its reasoning, determined that there was no proof of a crime committed by Defendant B as to the violation of the Punishment of Violences, etc. Act (joint injury) against Defendant A and B, among the facts charged in the instant case, committed an injury to the victim’sO in collaboration with Defendant A, and affirmed the first instance judgment that acquitted Defendant B of the violation of the Punishment of Violences, etc. Act (joint injury) while punishing Defendant A by applying the crime of injury.

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

2. As to the injury of Defendant D, the lower court upheld the first instance judgment that acquitted Defendant D on the ground that there was no proof of crime regarding the injury among the facts charged against Defendant D.

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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