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(영문) 대법원 2016.05.26 2016도1889
폭행
Text

The appeal is dismissed.

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, and contrary to the allegations in the grounds of appeal, the lower court did not err by failing to exhaust all necessary deliberations and by misapprehending the law of logic and experience and exceeding the bounds of free evaluation of evidence, or by misapprehending the legal doctrine on the crime of assault.

In addition, the argument that the defendant's act constitutes a justifiable act among the grounds for appeal that the defendant did not recognize the illegality of the defendant constitutes a justifiable act or that the court below did not consider it as the grounds for appeal or consider it as the subject of ex officio, and therefore, it cannot be a legitimate ground for appeal.

B. In addition, even if we look at the judgment below, there is no error of law as alleged in the grounds of appeal.

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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