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(영문) 대법원 2017.03.15 2016도18191
폭력행위등처벌에관한법률위반(집단ㆍ흉기등주거침입)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

On October 14, 2014, the lower court upheld the first instance judgment that acquitted Defendants on the ground that there was no proof of crime on all of the facts charged against Defendant D regarding the following facts: (a) the intrusion of special buildings, special intimidation, special assault, and obstruction of duties, and special injury to J among the facts charged against Defendant D, on October 14, 2014.

The judgment below

In light of the records, the above judgment of the court below is just, and contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on joint principal offenders

Meanwhile, although the prosecutor appealed to the entire judgment of the court below, he did not state the specific reasons in the petition of appeal as to the guilty portion, and does not state the reasons for appeal in the letter of appeal.

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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