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(영문) 대법원 2015.05.14 2014도12803
강도상해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court acquitted the Defendant of the primary facts charged in the instant case on the grounds that there is no proof of a crime, and acquitted the Defendant on the robbery among the ancillary facts charged on the ground that there is no proof of a crime.

The judgment below

In light of the records, the judgment of the court below is just, and contrary to what is alleged in the grounds of appeal, the court below 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 principles on robbery

Meanwhile, although the prosecutor appealed to the entire judgment of the court below, it did not state the grounds for appeal as to the guilty portion, nor did it state the grounds for objection in the appellate brief.

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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