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(영문) 대법원 2015.12.23 2015도17255

업무상과실치상

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

Criminal facts in a criminal case shall be acknowledged based on evidence of probative value, which leads a judge to have no reasonable doubt beyond a reasonable doubt, and if there is no such evidence, the interest of the defendant shall be judged.

For the reasons indicated in its holding, the lower court upheld the first instance judgment that acquitted the Defendants on the grounds that all of the facts charged in the instant case against the Defendants did not prove any crime.

The judgment below

Examining the reasoning in light of the record, 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 injury by negligence in the course of performing duties.

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