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(영문) 대법원 2013.09.26 2013도6598

산지관리법위반

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 lower court, the lower court is justifiable to have determined that the modified facts charged were guilty on the grounds stated in its reasoning. Contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the law on logic and experience and exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal doctrine on “the place of origin”

Meanwhile, the remaining grounds of appeal by the defendant are not legitimate grounds of appeal since the defendant's remaining grounds of appeal are raised only when the court below did not consider it as grounds of appeal or as subject to an ex officio decision.

Furthermore, even if ex officio review is conducted, there is no error as alleged in the judgment below.

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

참조조문