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대법원 2016.01.14 2015도17202

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below was just in maintaining the judgment of the court of first instance which acquitted the Defendant on the ground that there was no proof of crime against the facts charged (excluding the guilty portion) in the instant case on the grounds stated in its reasoning, and there was no violation of law by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the relevant legal principles

On the other hand, the prosecutor appealed against the guilty portion of the judgment of the court below, but there is no indication of the grounds for appeal in the petition of appeal and there is no indication of the grounds for appeal in the statement of reasons for appeal.

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