절도미수등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (the fact-finding) is that the Defendant entered the office of the victim for the purpose of larceny or intrusion upon residence, and there was no intention to commit it.
2. There was no new objective reason that could affect the formation of a documentary evidence in the appellate court’s trial process, and the judgment of the court of first instance was clearly erroneous.
Where there is no reasonable ground to deem that the argument leading to the fact-finding is significantly unfair due to the violation of logical and empirical rules, etc., the judgment on the fact-finding of the first instance court shall not be reversed without permission (see Supreme Court Decision 2016Do18031, Mar. 22, 2017). The lower court convicted the Defendant of the instant facts charged based on the circumstances in its holding.
Examining the reasoning of the lower judgment by closely comparing the record and records, the lower court’s judgment was clearly erroneous.
There is no reasonable ground to deem that the argument leading to the fact-finding is remarkably unfair because it is against logical and empirical rules.
In addition, there is no new objective reason to affect the formation of a conviction in the appellate trial process.
Therefore, the defendant's assertion is without merit.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the defendant's appeal is without merit.