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(영문) 대법원 2013.10.11 2013도7495
절도등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the first instance court, the lower court’s rejection of the Defendant’s justifiable assertion as to obstruction of business among the facts charged in the instant case on the grounds indicated in its reasoning is justifiable, and there is no error of law by failing to exhaust all necessary deliberations or by misapprehending the legal doctrine

In addition, the argument that the defendant's act of larceny or causing property damage constitutes a justifiable act is asserted only when the defendant took it as the ground for appeal or the court below did not take it as the object of judgment ex officio, and it does not constitute a legitimate ground 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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