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(영문) 대법원 2014.05.29 2014도3862
절도
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

Based on its stated reasoning, the lower court rejected the allegation in the grounds of appeal as to mistake of facts and misapprehension of legal principles, on the grounds that the facts charged of the theft of this case were guilty

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not exhaust all necessary deliberations, but 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 doctrine on larceny, etc.

In addition, in this case where the judgment of exemption from punishment was rendered against the defendant, the argument that the amount of punishment is inappropriate cannot be a legitimate ground for 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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