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(영문) 대법원 2019.10.31 2019도11921

재물손괴

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court upheld the first instance judgment that convicted of the instant facts charged.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the intent in the crime of causing property damage

Meanwhile, the argument that the defendant's act constitutes a justifiable act is not a legitimate ground for appeal, since the defendant's ground for appeal or the court below did not consider it as a subject of judgment ex officio.

Furthermore, even in light of the relevant legal principles and records, the lower court did not err by misapprehending the legal doctrine on justifiable acts.

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