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(영문) 대법원 2016.06.23 2016도5358
폭행등
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 preparation of evidence and the 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). For the reasons stated in its reasoning, the lower court determined that the Defendant committed an act of assaulting the victim C and I, and by misrepresenting the police officer’s qualification to control traffic law violations, and rejected the allegation of the grounds for appeal by misunderstanding the facts and misapprehending the legal doctrine.

The allegation of the grounds of appeal, which is erroneous in the judgment of the court below, is the purport of disputing the determination of facts by the court below. It is merely erroneous in the misapprehension of the judgment of the court below as to the choice of evidence and probative value belonging to the free judgment of the court of fact-finding. In light of the above legal principles and the evidence duly admitted, the court below did not err in its judgment by exceeding the bounds

Meanwhile, examining the reasoning of the lower judgment in light of the reasoning of the lower judgment regarding the grounds of appeal that there was an error in violation of the rules of evidence, trial failure, or violation of laws and regulations, without regard to the conditions under Article 51 of the Criminal Act, in determining the sentencing of the lower court, the allegation in the grounds of appeal is nothing more than the purport of substantially disputing the sentencing of the lower court. Accordingly, pursuant to Article 383 Subparag. 4 of the Criminal Procedure Act, a final appeal is allowed only for a case on which death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, and thus, a more minor sentence has been imposed against the Defendant, the allegation that

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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