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(영문) 대법원 2018.05.15 2018도4676

도시및주거환경정비법위반등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court was justifiable to have found the Defendant guilty of the instant facts charged (excluding the part not guilty of the grounds for appeal) on the grounds stated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of free evaluation of evidence against logical and empirical rules, or by misapprehending the relevant legal principles.

2. On the grounds of the prosecutor’s appeal, the lower court reversed the first instance judgment convicting the Defendant of the instant facts charged (excluding the guilty part) on the grounds stated in its reasoning, and acquitted the Defendant on the grounds of its reasoning.

The judgment below

Examining the reasoning of the judgment below in light of the records, the above judgment of the court below is justifiable.

In contrast to the allegations in the grounds of appeal, the court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by violating the principle of court-oriented and direct deliberation.

On the other hand, the prosecutor appealed the entire judgment of the court below, but there is no indication of the grounds for appeal as to the guilty portion, nor there is no statement of the grounds for appeal as to the grounds for appeal.

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