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(영문) 대법원 2013.12.26 2013도8423
상해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The gist of the grounds of appeal is that the court below found the defendant guilty of the victim's contradictory statements, etc. although the defendant did not commit a crime as stated in the facts charged of this case, it is unlawful.

However, the admission of facts and the selection of the evidence, which are the premise thereof, belong to the discretionary power of the fact-finding court unless it goes beyond the limit of the free evaluation of evidence.

In examining the record, the lower court’s determination that the Defendant was justifiable on the grounds of the details of the victim’s report of crime, consistent statements from the police to the court, and CCTV recording content, and it is not recognized that there was an error of law beyond the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules.

Ultimately, the above argument in the grounds of appeal is merely disputing matters falling under the exclusive authority of the fact-finding court, and thus does not constitute legitimate grounds 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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