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(영문) 대법원 2019.08.30 2019도7297
절도
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court upheld the first instance judgment that convicted of the instant facts charged.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, 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 legal doctrine on admissibility of hearsay statements and “ particularly reliable circumstances” as prescribed by Article 316(1) of the Criminal Procedure Act, without exhaust all necessary deliberations,

The assertion that the indictment of this case constitutes abuse of the right to institute a public prosecution is alleged to be unlawful, and it does not constitute a legitimate ground for appeal, as it is asserted by the defendant only when it comes to the final appeal that the court below did not consider it as a ground for

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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