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(영문) 대법원 2020.08.20 2020도6174
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The lower court reversed the first instance judgment convicting the Defendant of violation of the Punishment of Violences, etc. Act (joint residence intrusion) among the facts charged in the instant case on the grounds that there is no proof of crime, and sentenced the Defendant not guilty.

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, or by misapprehending the legal doctrine on “a structure managed”

2. The lower court found the Defendants guilty of violating the Emergency Medical Service Act among the instant charges on the grounds stated 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, or by misapprehending the legal doctrine on “medical appliances for emergency medical services” and “the establishment of a crime of violation of the same Act” under Article 12 of the Emergency Medical Service Act

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

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