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(영문) 대법원 2019.01.31 2018도10590
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the court below reversed the part of the judgment of the court of first instance which convicted Defendant C on the ground that there is no proof of crime as to the part of assault against the victim D and the injury caused by indecent act by force against Defendant B among the points of violation of the Punishment of Violences, etc. against Defendant C (joint injury) and the Punishment of Violences, etc. (joint injury) against Defendant A, and the part of the judgment of the court of first instance which convicted Defendant C on the charge of the violation of the Punishment of Violences, etc. against Defendant C (joint injury) and the injury caused by indecent act by force against Defendant B, and acquitted Defendant A on the part of assault against the victim D on the ground of the violation of the Punishment of Violences, etc. against Defendant A (joint injury).

The judgment below

Examining the reasoning in light of the record, the above determination by the court below is just, and contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the boundaries of the principle of free evaluation of evidence.

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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