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(영문) 대법원 2020.06.26 2020도5847
재물손괴
Text

All appeals are dismissed.

It shall be corrected that "the entry into a building" is added to the indication of the case name of the court below.

Reasons

We examine the grounds of appeal.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years has been pronounced, an appeal may be filed on the ground that the judgment of the court below had influenced

Therefore, in this case where a more minor punishment is imposed on the Defendants, the argument to the effect that the court below's decision on the selection of evidence and probative value or its factual basis is erroneous on the grounds of violation of the rules of evidence and mistake of facts, or that the appeal pointing out the misapprehension of the legal principles on the premise of facts found by the court below is not a legitimate ground for appeal.

Therefore, all appeals are dismissed in accordance with Article 380(2) of the Criminal Procedure Act. Since it is clear that the indication of the case name in the judgment below was omitted, it is decided to revise it ex officio in accordance with Article 25(1) of the Regulations on Criminal Procedure. It is so decided as per Disposition by the assent

June 26, 2020

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