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(영문) 대법원 2018.12.27 2018도16966
폭력행위등처벌에관한법률위반(공동재물손괴등)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

Examining the evidence duly adopted and examined by the lower court and the first instance court, it is justifiable to have determined that the lower court convicted the Defendants of the instant facts charged on the grounds stated in its reasoning.

In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal doctrine on “joint” and the legality of the arrest of flagrant offenders.

In addition, the argument that there is a problem of using the video as evidence for the arrest process in the act of crime among the video videos submitted as evidence, or for lack of integrity, is asserted by the defendants only in the final appeal that the court below did not consider it as a ground for appeal or ex officio, and it does not constitute a legitimate ground for appeal.

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

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