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(영문) 대법원 2020.12.24 2020도14872
공용건조물방화등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the prosecutor’s grounds of appeal, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that there was no proof of crime as to the violation of public structure and fire prevention among the charges in the instant case

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of a public structure or fire prevention.

2. As to the Defendant’s grounds of appeal, the lower court rejected Defendant’s claim of mental and physical disability while maintaining the first instance judgment convicting the Defendant of the facts charged (excluding the part not guilty in the grounds for

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine as to the establishment of a crime of attempted fire-fighting of a public structure, or

3. 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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