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(영문) 대법원 2019.09.09 2019도8565

교통사고처리특례법위반(치상)등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the public prosecutor, the lower court acquitted the public prosecutor on the charge of fraud on or around August 10, 2009, deeming that there was no proof of crime regarding the fraudulent part among the charges in the instant case.

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 criminal intent of fraud

2. As to the Defendant’s grounds of appeal, the lower court convicted the Defendant of the remainder of fraud, excluding the fraudulent part, around August 10, 2009, among the facts charged in the instant case.

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 criminal intent of fraud

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