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(영문) 대법원 2016.12.29 2016도17499
주거침입
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment below, the court below was just in finding the Defendant guilty of the facts charged of this case on the grounds as stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the law of logic and experience and exceeding the bounds of the principle of free evaluation of evidence or by misapprehending the legal principles on implied acceptance in the crime of

In addition, the argument that the defendant's act constitutes a justifiable act is only a final appeal that the defendant's reason for appeal or that the court below did not consider it as a subject of an ex officio decision, and it cannot be a legitimate ground for final appeal.

Furthermore, the lower court did not err in its determination as otherwise alleged in the grounds of 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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