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(영문) 대법원 2015.11.27 2015도15550

강도강간미수등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the prosecutor, the court below affirmed the judgment of the court of first instance which acquitted the prosecutor on the charge of attempted robbery, rape and violation of the Narcotics Control Act among the facts charged in the instant case on the ground that there was no proof of the crime.

Examining the record, the above determination by the court below is justifiable.

There is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or of misapprehending the relevant legal principles.

2. Examining the evidence duly admitted and examined by the lower court and the first instance court as to the Defendant’s grounds of appeal, it is justifiable to maintain the first instance judgment that found the Defendant guilty of perjury among the facts charged in the instant case on the grounds indicated in its reasoning.

There is no error of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or misapprehending the legal principles on admissibility.

Meanwhile, while the Defendant appealed to the entire judgment of the court below, the remaining convictions did not indicate the grounds of objection in the petition of appeal or appellate brief.

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