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(영문) 대법원 2017.05.30 2017도2026

절도

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The reason for appeal was stated on the ground that there was a misunderstanding of the legal principles on violation of the rules of evidence and theft without any specific content in the statement of reasons for appeal.

As alleged in the grounds of appeal, the allegation on gratuitous deposit, illegal acquisition intent, and legitimate acts are included therein.

shall not be deemed to exist.

The lower court found the Defendant guilty of the facts charged of the instant case is premised on the fact that the instant KIKO is still under the possession of the victim, and the intention of intentional or unlawful acquisition, which is a subjective constituent element, is also recognized.

The judgment below

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

In so determining, contrary to the allegations in the grounds of appeal, there were errors by misapprehending the bounds of free evaluation of evidence or by omitting judgment, etc., which affected the conclusion of the judgment.

subsection (b) of this section.

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