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(영문) 대법원 2015.12.23 2015도17034
상해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and probative value of evidence conducted on the premise of fact finding belong to the free judgment of the fact-finding court.

(Article 308 of the Criminal Procedure Act). On the grounds set out in its reasoning, the lower court rejected the allegation in the grounds of appeal as to mistake of facts and misapprehension of legal principles on the determination that the Defendant committed an assault as stated in the facts charged in the instant case, and

The allegation in the grounds of appeal is merely an error of the judgment of the court below as to the selection of evidence and probative value, which belong to the free judgment of the court of fact-finding, and the reasoning of the judgment below is examined in light of the above legal principles and the relevant legal principles and the evidence duly admitted, and there is no error of law by misapprehending the legal principles on self-defense or by exceeding the bounds of the principle

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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