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(영문) 대법원 2013.10.31 2013도10153
절도
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court rejected the Defendant’s appeal claiming a misunderstanding of facts against the first instance judgment which found the Defendant guilty of the facts charged of this case, and upheld the first instance judgment.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment 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 crime of larceny and the embezzlement of stolen objects, the principle of no punishment without prison labor, and the degree of proof necessary to acknowledge guilty, as

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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