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(영문) 대법원 2018.11.29 2018도14422
특수절도
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of the prosecutor’s appeal, the lower court, on the grounds indicated in its reasoning, found that the Defendant had a cooperative relationship with D in time and place with regard to the facts charged of the special larceny of this case

It is difficult to recognize

On the other hand, not guilty for the reason.

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 in violation of logical and empirical rules, or by misapprehending the legal doctrine on joint crimes in special larceny, contrary to what is alleged in the grounds of appeal.

2. On the grounds of appeal by the Defendant, the lower court found the Defendant guilty of larceny, which is included in the facts charged of the special larceny of this case, based on its stated 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 failing to exhaust all necessary deliberations as alleged in the grounds of appeal, thereby exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the possibility of expectation in larceny, joint principal offenders, and aiding and abetting.

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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