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(영문) 대법원 2017.08.23 2017도8972
특수재물손괴
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, which maintained the reasoning of the lower court, the lower court was justifiable to have determined that the instant facts charged was guilty on the grounds stated in its reasoning. In so doing, the lower court did not err by misapprehending the legal doctrine on the legality of lawful act, emergency escape, and arrest of flagrant offenders, as alleged in the grounds of

Other grounds for appeal by the defendant are not legitimate grounds for appeal under Article 383 of the Criminal Procedure Act.

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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