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(영문) 대법원 2017.04.13 2017도1883

상습절도

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the record, it is justifiable for the court below to maintain the judgment of the court of first instance which acquitted the defendant on the ground that there is no proof of crime regarding joint larceny among the annexed crimes No. 3 of the judgment of the court of first instance among the charges of this case, as stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the law of logic and experience or by misapprehending the legal principles as to joint crimes.

Meanwhile, although the prosecutor submitted a written appeal to the effect that he/she is dissatisfied with the entire judgment of the court below, the prosecutor did not indicate the grounds for appeal as to the guilty portion against the defendant anywhere in the petition

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