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(영문) 대법원 2019.06.13 2019도3282
현존건조물방화예비등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court upheld the first instance judgment that acquitted the Defendant on the remaining part of the facts charged in the instant case, deeming that there was no proof of a crime.

The judgment below

Examining the reasoning of the lower judgment in light of the record, the lower court 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 doctrine on the purpose of committing the crime of destroying existing buildings.

The Prosecutor appealed the entire judgment of the court below, but did not state the grounds for objection in the petition of appeal or the appellate brief concerning the guilty portion.

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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