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(영문) 대법원 2014.12.24 2014도14432
상해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment, the court below was just in finding the Defendant guilty of the modified facts charged on the grounds as stated in its holding, and contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the law of logic and experience and exceeding the bounds of the principle of free evaluation of evidence or by misapprehending

In addition, the argument that the lower court’s failure to apply Article 8(3) of the Punishment of Violences, etc. Act is unlawful is not a legitimate ground for appeal, as it is alleged in the ground of appeal by the Defendant that the lower court did not consider it as the ground for appeal or ex officio.

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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