beta
(영문) 대법원 2020.09.03 2020도6006

폐기물관리법위반

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Based on its stated reasoning, the lower court found the Defendant guilty of charges and additionally collected KRW 124,00,000 from the Defendant.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on relation to the number of crimes and collection, as alleged in the grounds of appeal.

The assertion that the indictment of this case constitutes abuse of the right to institute a public prosecution is alleged to be unlawful, and it does not constitute a legitimate ground for appeal, as it is asserted by the defendant only when it comes to the final appeal that the court below did not consider it as a ground for

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