logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2017.03.15 2016도11291
건조물침입
Text

All appeals are dismissed.

Reasons

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

The judgment below

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court and the lower court, the lower court was justifiable to have convicted of the instant facts charged.

In so determining, 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 grounds for exclusion of illegality, such as the defense of a political party, the act of a political party, or

In addition, since the materials submitted by the Defendants cannot be deemed to constitute “clear evidence newly discovered”, the argument that there are grounds for the request for retrial under Article 420 subparag. 5 of the Criminal Procedure Act is rejected in the lower judgment.

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

arrow