[준강도(예비·주거침입)피고사건][고집1975형,313]
Whether it is necessary to specify in the reasoning of the judgment the rejection of the main facts charged where the facts charged in the preliminary charge are acknowledged.
Of the main facts charged and the ancillary facts charged, it is not necessary to specify the judgment that the main facts charged should be dismissed without exception.
Article 323 of the Criminal Procedure Act
Defendant
Prosecutor and Defendant
Yeongdeungpo-gu Seoul District Court Decision 75Gohap41 decided January 1, 198
Each appeal by a prosecutor and defendant shall be dismissed.
The gist of the grounds for appeal by the prosecutor was that the court below acknowledged quasi-Robbery, which is the main facts charged, based on evidence, but did not admit that there was no evidence as to the main facts charged, and misleads the facts of the conjunctive facts charged, or rejected the main facts charged, and made no decision thereon. The judgment below is unreasonable. The gist of the grounds for appeal by the defendant and his defense counsel does not commit the crimes in this case. The court below found the defendant guilty, and thus, the amount of the judgment of the court below is extremely unfair.
First of all, the court below's comprehensive review of various evidence duly admitted by the court below. The court below did not err by finding that there is no evidence to acknowledge quasi-Robbery which is the main facts charged and there is no error in finding the defendant guilty, and in the case where the main facts charged and the ancillary facts charged are found, it is not necessary to specify the judgment dismissing the main facts charged without exception during the reason. In other words, there is no error as pointed out in the arguments, and the following facts are examined in detail: the motive, means, result, degree of damage, age, character and behavior, environment, criminal records, circumstances after the crime, etc. of the court below, even if considering the circumstances asserted by the defendant or prosecutor, it is not reasonable to determine the sentence against the defendant and the prosecutor because it is too heavy or unreasonable to find the defendant guilty. Thus, each of the grounds for appeal by the defendant and the prosecutor cannot be accepted.
Therefore, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
Judges Jeon Byung-jin (Presiding Judge)