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(영문) 대법원 2018.01.24 2017도18684
특수절도
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The court below reversed the judgment of the first instance court which found the Defendants guilty on the facts charged of this case on the grounds that there was no proof of crime, and judged the Defendant A not guilty on the grounds, and sentenced Defendant B not guilty.

The judgment below

Examining the reasoning in light of the record, 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, contrary to what is alleged in the grounds of appeal

On the other hand, the prosecutor appealed against the entire judgment of the court below, but did not state the grounds of appeal as to the guilty portion against Defendant A in the petition of appeal or the grounds of appeal.

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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