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(영문) 대법원 2018.04.24 2018도3940
폭행등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly adopted and examined by the court below and the first instance court as to the grounds for the Defendant’s appeal, the court below was justified in finding the Defendant guilty of the charge of assault among the facts charged in this case on the grounds stated in its reasoning.

In doing so, there were no errors by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on intent of assault.

2. Examining the reasoning of the prosecutor’s appeal, it is justifiable for the lower court to reverse the judgment of the first instance that found the Defendant guilty on the ground that there was no proof of crime as to the injury caused by negligence among the facts charged in the instant case, and to render the judgment of

There is no error of exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules.

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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