logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2019.03.14 2018도17115
상해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Even if examining the reasoning in light of the relevant legal doctrine and the evidence duly admitted, the lower court did not exhaust all necessary deliberations and did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the relevant legal doctrine or inconsistency in the reasoning, contrary to what is alleged in the grounds of appeal.

Examining all the circumstances revealed in the records, such as the background leading up to the instant crime, method of the crime, and the Defendant’s act before and after the instant crime, the court below’s decision that the instant crime cannot be deemed to have been committed in the state of mental disorder is acceptable.

In addition, the argument that the court below erred in the violation of Acts and subordinate statutes against the illegality of the arrest of the defendant in the act of committing an offense is unlawful as it is alleged in the ground of appeal that the defendant did not take the grounds of appeal or have not taken it as the object of judgment ex officio, or it does not constitute a legitimate ground of appeal on the ground of violation of Acts and subordinate statutes

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

arrow