beta
(영문) 대법원 2015.08.27 2015도9491

재물손괴

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 below, the court below was just in finding the Defendant guilty of the facts charged of this case on the grounds as stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles as to the criminal intent

In addition, the argument that the court below erred in the misapprehension of legal principles as to the law on medical technicians, etc. shall not be a legitimate ground for appeal, as alleged in the ground of appeal by the defendant, or by the court below's decision that there is no ground for appeal.

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