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(영문) 대법원 2014.08.28 2014도6567

절도등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment, the court below was just in finding the Defendant guilty of all of the facts charged in the instant case’s violation of the Act and theft. In so doing, contrary to what is alleged in the grounds of appeal, the court below did not err by misapprehending the rules of logic and experience and exceeding the bounds of the free evaluation of evidence.

In addition, the argument that the court below erred in the misapprehension of legal principles as to residential intrusion in the judgment of the court below is not a legitimate ground for appeal, since the defendant's ground for appeal was asserted to the court of final appeal that the court below did not have decided ex officio.

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