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(영문) 대법원 2013.09.13 2013도7492
특수절도
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the evidence duly admitted by the first instance court that maintained the reasoning, the court below's determination that the facts charged in this case were guilty on the grounds as stated in its holding is just and acceptable.

The court below did not err in finding facts against logical and empirical rules and the principle of free evaluation of evidence, contrary to what is alleged in the grounds of appeal.

In addition, Article 331 of the Criminal Act provides that only the statutory penalty shall be punished by imprisonment, and the above provision shall not be deemed to violate Article 27 of the Constitution, etc., and it shall not be deemed that the court below's issuance of the sentence to the defendant violates the principle of excessive prohibition.

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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