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(영문) 대법원 2014.08.28 2014도8418

특정범죄가중처벌등에관한법률위반(도주차량)등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court determined that the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is recognized among the facts charged in the instant case, and rejected the allegation in the grounds of appeal for misconception of facts or misunderstanding of legal principles.

The argument in the grounds of appeal is nothing more than a dispute over the choice of evidence and probative value of the court of fact-finding, which belong to the free judgment of the court of fact-finding.

The judgment below

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 crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.