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(영문) 대법원 2017.06.15 2017도5176
야간건조물침입절도등
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 the charge of this case (except for the part without charge) on the grounds stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles on the elements of a free evaluation of evidence against logical and empirical rules, the requirements for an urgent arrest, the scope of evidence to be searched and searched without a warrant, the rules on exclusion of illegally collected evidence, the warrant requirement, the principle of prohibition of analogical interpretation, and the principle of trial of evidence, etc.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

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

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