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(영문) 대법원 2012.12.26 2011도9117
폭력행위등처벌에관한법률위반(상습상해)등
Text

The judgment of the court below is reversed, and the case is remanded to Cheongju District Court Panel Division.

Reasons

The grounds of appeal are examined.

1. The probative value of evidence is left to a judge’s free judgment, but such judgment must be consistent with logical and empirical rules, and the degree of formation of a conviction in a criminal trial ought to be such that there is no reasonable doubt.

However, this does not require all possible doubts to be excluded, and rejection by causing doubts that have probative value without reasonable grounds is not allowed beyond the bounds of the principle of free evaluation of evidence.

The reasonable doubt here refers to a reasonable doubt based on logical and empirical rules as to the probability of a fact that cannot be compatible with the facts, rather than all questions and correspondences, and the doubt based on conceptual suspicion or abstract possibility cannot be deemed to be included in a reasonable doubt.

(2) In light of the above legal principles, the judgment of the court below in light of the above legal principles and the records, the court below did not err by misapprehending the legal principles as to the presumption of injury, or by exceeding the bounds of the principle of free evaluation of evidence, or by exceeding the bounds of the principle of free evaluation of evidence, or by exceeding the bounds of the principle of free evaluation of evidence, or by exceeding the bounds of the principle of free evaluation of evidence, or by exceeding the bounds of the principle of free evaluation of evidence, or by exceeding the bounds of the principle of free evaluation of evidence, as otherwise alleged in the ground of appeal.

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