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(영문) 대법원 2017.11.14 2017도15285
특정범죄가중처벌등에관한법률위반(절도)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the grounds of the Defendant’s final appeal in light of the evidence duly admitted, the lower court was justifiable to have found the Defendant guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) around December 2, 2016 among the facts charged in the instant case.

In so determining, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the relevant legal doctrine, contrary to what is alleged in

2. Examining the reasoning of the lower judgment regarding the prosecutor’s grounds for final appeal in light of the records, the lower court was justifiable to have determined that there was no proof of crime regarding the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) around January 23, 2017 among the instant facts charged, and acquitted the Defendant.

The lower court did not err by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the intent or purpose of larceny, contrary to what is alleged in the grounds of appeal.

3. The final appeal by the Defendant and the Prosecutor is dismissed in entirety as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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