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(영문) 대법원 2014.12.24 2014도14149
특정범죄가중처벌등에관한법률위반(절도)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The judgment below

Examining the evidence duly admitted by the court of first instance, which maintained the reasoning of the court below, the court below was just in finding the defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts charged of this case on the grounds as stated in its reasoning, and it did not err by failing to exhaust all necessary deliberations and misapprehending the legal principles as to facts beyond the bounds of the principle of free evaluation of evidence against logical and empirical

In addition, even after examining records, the argument in the grounds of appeal that there is no violation of the right of a defendant due to the illegality of the investigation procedure, nor violation of the right to a participatory trial or the right to defense of a defendant due to the illegality of the trial procedure by the court of first instance and the court below

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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