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(영문) 대법원 2019.10.17 2019도11377
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

On the grounds indicated in its reasoning, the lower court found that there was no proof on the facts charged in violation of the Punishment of Violences, etc. Act (joint injury) that the Defendants inflicted injury on the victim in collaboration with the members in the name of the case, and found the Defendants not guilty on the grounds of the same, and found the Defendants guilty of the violation of the Punishment of Violences, etc. Act (joint violence

Examining the relevant legal principles and records, the lower court did not exhaust all necessary deliberations, but did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on proximate causal relation with the establishment of a crime of violation of the Punishment of Violences, etc. Act

On the other hand, the prosecutor appealed the entire judgment of the court below, but did not state specific grounds for objection on the guilty portion in the petition of appeal or the appellate brief.

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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