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(영문) 대법원 2014.11.13 2014도10201
일반건조물방화등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the court of first instance, the court below's determination that the court below convicted each of the general structures and fire-fighting in the facts charged of this case for the reasons stated in its holding is just, and there is no violation of law of logic and experience and free evaluation of evidence.

In addition, the court of appeals shall decide whether the grounds for appeal have been submitted, or whether the grounds for appeal are included in the grounds for appeal, if the grounds for appeal are lawful. However, with respect to any grounds other than the grounds for ex officio examination, it shall be subject to adjudication only when the grounds for appeal are included in the grounds for appeal submitted within the prescribed period, unless they are stated in the petition of appeal or they are not included in the grounds for appeal. However, it did not

A judgment may be rendered ex officio.

(2) Article 314 of the Criminal Procedure Act (see, e.g., Supreme Court Decision 2006Do8488, May 31, 2007). According to the records, the defendant appealed against the judgment of the court of first instance, and the defendant asserted erroneous determination of facts as to each general building and fire prevention as a ground for appeal, and as long as no ground for illegality exists that affected the judgment of the court of first instance, the court below cannot be deemed as unlawful that the court below did not ex officio consider the misapprehension of legal principles as to

Therefore, the ground of appeal that the court below erred in the misapprehension of legal principles as to Article 364 (2) of the Criminal Procedure Act is without merit.

In addition, the argument of the misapprehension of the legal principles as to Article 314 of the Criminal Procedure Act is just the ground for appeal, or the court below did not consider it as an object of judgment ex officio.

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