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(영문) 대법원 2017.09.12 2017도10183
야간건조물침입절도등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the lower court, the lower court, based on its reasoning, has a substantive competition relationship between the charge of intrusion upon residence and the intrusion on the structure of the instant case.

The decision is justified.

In so doing, the lower court did not err by misapprehending the legal doctrine on the number of crimes.

In addition, the argument that the judgment of the court below was erroneous in the deliberation of mental and physical disorder is not a legitimate ground for appeal since the defendant alleged that it was the ground for appeal or that the court below did not have any such a ground for judgment ex officio.

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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