beta
(영문) 대법원 2017.01.25 2016도15948

상해등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning for the Defendant’s appeal in light of the evidence duly admitted by the lower court, the lower court was justifiable in finding the Defendant guilty of violating the Act on the Protection, Use, etc. of Location Information among the facts charged in the instant case, on the grounds stated in its reasoning. In so doing, the lower court did not err by misapprehending the legal doctrine on the elements for establishing a crime of violating the Act on the Protection, Use, etc. of Location Information under Criminal Procedure Act and the burden of proof under the Criminal Procedure

2. On the grounds of the prosecutor’s appeal, the lower court reversed the first instance judgment convicting the Defendant on the ground that there was no proof of a crime as to each of the facts charged in the instant case’s injury, fabrication of private documents, uttering of a falsified investigation document, misrepresentation of the original copy of a process deed, and the exercise of the original copy of a process deed containing false description

The judgment below

In light of the records, the above judgment of the court below is just, and there is no error in violation of the principle of free evaluation of evidence against logical and empirical rules.

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