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(영문) 대법원 2016.04.28 2015도17698
건조물침입등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the judgment below in light of the records, it is justifiable to reverse the judgment of the court of first instance which found the Defendant guilty on the grounds that the court below did not constitute a crime or did not prove a crime among the facts charged in the instant case, and to find the Defendant not guilty. In so doing, the court below did not err by misapprehending the legal principles on the crime of intrusion on

On the other hand, the prosecutor appealed the entire judgment of the court below, but the guilty part does not indicate the grounds of appeal against the petition of appeal or the reasons of appeal.

2. Examining the reasoning of the lower judgment in light of the record, the lower court’s judgment that found the Defendant guilty of the injury caused by negligence among the facts charged in the instant case on the grounds as stated in its reasoning is justifiable, and there was no error by exceeding the bounds of free evaluation of evidence beyond the bounds of logical and empirical rules or by misapprehending the relevant legal doctrine, without exhaust all necessary deliberations.

3. Therefore, all appeals filed by the Defendant and the prosecutor are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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