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(영문) 대법원 2016.03.24 2016도1083

도로교통법위반(무면허운전)등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of the prosecutor’s appeal, the lower court reversed the first instance judgment convicting Defendant A of violation of the Guarantee of Automobile Damage Compensation among the instant facts charged against Defendant A, and sentenced Defendant not guilty, on the grounds stated in its reasoning.

The judgment below

Examining the reasoning of the lower judgment in light of the record, contrary to what is alleged in the grounds of appeal, the lower court erred by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on intention.

subsection (b) of this section.

On the other hand, the prosecutor appealed the entire judgment of the court below, but the prosecutor did not state the grounds for appeal as to the guilty portion and did not state the grounds for appeal in the notice of appeal.

2. As to Defendant B’s appeal, Defendant B did not submit a written reason of appeal within the statutory period, and Defendant B did not state the grounds of appeal in the petition of appeal.

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