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(영문) 대법원 2017.01.25 2016도18256
주거침입등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the grounds of the Defendant’s appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found the Defendant guilty of the instant facts charged (excluding the portion without charge)

In so determining, the lower court did not err by exceeding the bounds of the principle of free evaluation, contrary to what is alleged in the grounds of appeal, by exceeding the bounds of logical and empirical rules, or by misapprehending the legal doctrine on the intent of intrusion into residence, peace in residence, and damage to property, or by misapprehending the meaning of “where the utility of property

2. Examining the reasoning of the lower judgment regarding the prosecutor’s grounds for appeal in light of the record, it is justifiable to reverse the judgment of the first instance court that found the Defendant guilty on the charge of the instant case (excluding the part of conviction) and to render the judgment not guilty.

The lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the damage of property, contrary to what is alleged in the grounds of appeal.

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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