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(영문) 대법원 2016.11.24 2016도15363
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have determined that the Defendant was guilty of both the violation of the Punishment of Violences, etc. Act (joint residence intrusion) and the violation of the Act on Punishment of Violences, Etc. among the facts charged in the instant case on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the legal doctrine

2. Examining the reasoning of the judgment below in light of the records, it is just to maintain the judgment of the court of first instance which acquitted the public prosecutor on the grounds that all the primary and conjunctive charges of the fraud of this case constitute a case where there is no proof of criminal facts, and contrary to what is alleged in the grounds of appeal, the court below did not err in violation of the law of logic and experience

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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