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(영문) 대법원 2016.09.30 2016도10116
살인
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the record, the lower court’s reversal of the first instance judgment convicting the Defendant of the primary facts charged of this case on the grounds that there was no proof of the relevant crime, and it is justifiable to have reversed the judgment and acquitted the Defendant on the grounds of the same. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free ex

On the other hand, the prosecutor appealed against the guilty portion of the judgment of the court below, but there is no indication of the grounds for appeal in the petition of appeal and there is no indication of the grounds for appeal in the statement of reasons for appeal.

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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