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(영문) 대법원 2013.05.09 2013도3431
주거침입등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

I first refer to the fact-finding of the lower court with regard to each of the larceny and intrusion upon residence among the facts charged in the instant case.

However, the recognition of facts and the selection and evaluation of evidence conducted on the premise thereof are within the discretionary power of the fact-finding court unless it goes beyond the bounds of the principle of free evaluation of evidence by violating logical and empirical rules.

In light of the records, in this case where it is not possible to find out that the facts established by the court below exceeded the above limit even after examining the reasoning of the judgment below, the above appeal shall not be accepted merely because it criticizes the matters falling under the exclusive authority of the court below.

Meanwhile, according to the records, while appealed against the judgment of the first instance, the Defendant asserted a mistake of facts as well as the grounds for appeal on the damage to property and intimidation among the facts charged in the instant case, but withdrawn the grounds for appeal on mistake of facts as alleged on the date of the first trial of the lower court, and left the grounds for appeal only as the grounds for appeal.

In such a case, an appeal shall not be filed with the Supreme Court for a new reason that there is an error of mistake in the original judgment.

In addition, even if we examine ex officio, there is no error in the judgment below as alleged in the grounds of appeal.

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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