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(영문) 대법원 2017.04.26 2017도2524
건조물침입등
Text

The appeal is 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 evidence duly admitted by the first instance court, which maintained the reasoning, the lower court was justifiable to have determined that the Defendant was guilty of the instant facts charged.

The lower court did not err in its judgment by exceeding the bounds of free stimulism in violation of logical and empirical rules, or by misapprehending the legal doctrine regarding the intrusion of a structure, the crime of destroying property, the crime of false accusation, and the voluntariness of confessions, contrary

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been pronounced, an appeal may be filed on the ground that the judgment of the court below has influenced the judgment by grave mistake of facts.

Therefore, in this case where a more minor sentence was imposed on the defendant, the argument that only contests the finding of facts by the court below, or the argument pointing out a misunderstanding of legal principles on the premise of facts different from the facts acknowledged by the court below

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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