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(영문) 대법원 2013.09.12 2013도6128

폭력행위등처벌에관한법률위반(공동주거침입)교사

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the lower court, the lower court was justifiable to have convicted of the instant facts charged on the grounds stated in its reasoning.

There is no error of law of logic and experience and finding facts beyond the limit of the principle of free evaluation of evidence.

In addition, the court may decide not to adopt the application for examination of evidence when it deems it unnecessary at the discretion of the court (see, e.g., Supreme Court Decision 2010Do7947, Jan. 27, 201). Thus, the court below did not accept the application for witness by the defendant.

Even if it is not illegal, it cannot be considered unlawful.

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