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(영문) 대법원 2018.02.08 2017도21146
상해등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to the grounds for appeal by the defendant, an appeal may be filed on the ground that the judgment of the court below has affected the conclusion of the judgment, only in cases of which death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten

In this case where a more minor sentence is imposed on the defendant, the argument that the court below simply contests the recognition of facts without specific grounds for violation of law, etc. of the judgment below is not a legitimate ground for appeal.

2. Examining the reasoning of the judgment below in light of the records, it is justifiable to reverse the judgment of the court of first instance which convicted the prosecutor of the damage of property among the facts charged in the instant case on the ground that there is no proof of crime, and to find the defendant not guilty.

In so doing, the lower court did not err by exceeding the bounds of free evaluation due to violating logical and empirical rules, or by misapprehending the legal doctrine on the crime of damage to property, without exhausting all necessary deliberations, as alleged in the grounds of appeal.

On the other hand, the prosecutor appealed the entire judgment of the court below, but the prosecutor did not state the legitimate grounds of appeal in the petition of appeal and did not state the grounds of appeal in the petition of appeal.

3. 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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