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(영문) 대법원 2013.10.31 2013도5036
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on Defendant A’s grounds of appeal, Defendant A appealed on the judgment of the first instance and asserted only unfair sentencing as the grounds of appeal.

In this case, the argument that there is an error of mistake or misunderstanding of legal principles in the judgment below shall not be a legitimate ground for appeal.

Furthermore, the lower court did not err in its determination as otherwise alleged in the grounds of appeal.

2. Examining the grounds of appeal by Defendant B in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have found Defendant B guilty of the facts charged in this case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by violating the logical and empirical rules and by misapprehending the bounds

3. 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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