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(영문) 대법원 2013.12.12 2013도2735

폭행치상등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the record, the court below was just in finding the defendant not guilty on the ground that the violation of the Punishment of Violences, etc. Act (joint residence intrusion) among the facts charged in this case against the defendant constitutes a case where there is no proof of a crime. There is no violation of logical and empirical rules, exceeding the bounds of the principle of free evaluation of evidence, or misapprehending the legal principles on the crime of intrusion upon residence

On the other hand, although the prosecutor submitted a written appeal to the effect that he/she is dissatisfied with the guilty part of the judgment of the court below, he/she did not state the grounds for appeal on that part

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