logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2018.09.13 2018도10400
무고등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the grounds of Defendant A’s appeal in light of the evidence duly admitted, the lower court was justifiable to have found Defendant A guilty of intrusion on residence among the facts charged against the said Defendant on the grounds stated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the intent of intrusion into the protected legal interest or residence, or by mistake of a party act

2. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for appeal by Defendant B, an appeal may be filed on the ground that the judgment of the court below was affected by grave mistake of facts, only in cases where a death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years has been pronounced

Therefore, in this case where the sentence against the above defendant was suspended, the argument to the effect that the court below's decision on the selection and probative value of evidence or its factual recognition is not a legitimate ground for appeal.

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

arrow