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(영문) 대법원 2014.01.23 2013도14688
재물손괴
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its reasoning, the lower court rejected the Defendant’s grounds for appeal claiming a misunderstanding of facts by disputing the criminal intent of causing property damage, and upheld the first instance judgment convicting the Defendant of the instant facts charged.

The judgment below

Examining the reasoning in light of the evidence duly admitted, 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, as otherwise alleged in the grounds of appeal.

The assertion that there was an error in the misapprehension of legal principles as to property, which is the object of the crime of damage, is a ground for appeal, or that the court below did not make ex officio a decision, and thus does not constitute a legitimate ground for appeal. In light of the evidence duly admitted, the court below did not err by misapprehending the legal principles as to property

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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