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(영문) 대법원 2013.07.12 2013도5340
상해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The Defendant’s argument in the grounds of appeal is that the lower court convicted the Defendant by making a false fact-finding with the victim’s false statements, although the Defendant did not have committed the same crime as indicated in the facts charged of this case. The lower court’s judgment is unlawful.

However, inasmuch as the recognition of facts and the selection and evaluation of evidence, which are the premise thereof do not exceed the bounds of the principle of free evaluation of evidence, the court of fact-finding may not find out the grounds that the court below exceeded the bounds of the principle of free evaluation of evidence.

Therefore, the above argument in the grounds of appeal is merely to criticize matters falling under the exclusive right of the court of original judgment, and it cannot be accepted as a legitimate ground 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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