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(영문) 대법원 2019.06.13 2019도4736
현주건조물방화등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court found the Defendant guilty of larceny among the facts charged in the instant case on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the intent of unlawful acquisition in larceny.

In addition, examining various circumstances that form the conditions for sentencing as shown in the records, such as the Defendant’s age and behavior intelligence and environment, relationship with the victim, motive means and consequence of the instant crime, etc., the lower court cannot be deemed to have sentenced to 14 years of imprisonment to the Defendant even when considering the circumstances asserted 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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