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(영문) 대법원 2020.05.28 2020도3819
강도등
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).

1. As to the Prosecutor’s Grounds of Appeal

A. On the grounds indicated in its reasoning, the lower court acquitted the Defendant on the part concerning the robbery among the facts charged of the instant case on the ground that there was no proof of crime.

Examining the record in accordance with the relevant legal doctrine, the lower court did not err in its judgment 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 intent of unlawful acquisition of robbery.

B. As long as a prosecutor files an appeal against a prosecuted case regarding the case of probation order, it is deemed that an appeal has been filed against the case of probation order request.

However, there is no statement in the petition of appeal or the appellate brief on the grounds of objection.

2. As to the grounds of appeal by the Defendant and the person to whom the attachment order was requested, and the person to whom the probation order was requested (hereinafter “Defendant”).

A. On the grounds indicated in its reasoning, the lower court found the Defendant guilty of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and attempted special robbery among the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment 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 injury resulting from rape or the commencement of commission of special robbery.

B. As to the case of the request for attachment order, if the defendant filed a final appeal against the accused case, the appeal shall be deemed to have been filed as to the case of the request for attachment order.

However, there is no statement in the petition of appeal or the appellate brief on the grounds of objection.

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

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