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(영문) 대법원 2019.05.30 2019도114
절도
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court found the Defendant guilty of the instant facts charged on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, misapprehending the legal doctrine on the intention of larceny, or omitting necessary judgment.

The argument to the effect that there exists a ground for exclusion of illegality or liability in the Defendant’s act is a ground for appeal, or that the court below did not consider it as an object of judgment ex officio, and it does not constitute a legitimate ground for appeal.

Furthermore, even in light of the relevant legal principles and evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on the consent of the victim and the recognition of illegality.

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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