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(영문) 대법원 2014.10.27 2014도8833
재물손괴
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 court below, the court below is just in holding that all of the facts charged in this case is guilty, and it did not err by misapprehending the legal principles as to legal errors, contrary to what is alleged in the grounds of appeal.

In addition, among the grounds of appeal, the court below erred in the incomplete hearing on confession or the first instance court's violation of the rules of evidence.

All of the arguments that the court below erred in the misapprehension of legal principles as to the criminal intent of causing property damage, or in the misapprehension of legal principles, are not legitimate grounds for appeal, since the defendant did not regard it as grounds for appeal, or the court below did not consider it as subject to judgment ex officio.

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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