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(영문) 대법원 2019.01.31 2018도18630

특정범죄가중처벌등에관한법률위반(도주치상)등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court reversed the first instance judgment convicting the Defendant on the charge of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts charged in the instant case, and rendered a not guilty verdict on the grounds therefor.

In light of the record, the lower 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 rules of evidence, contrary to what is alleged in the grounds of appeal.

On the other hand, although the prosecutor appealed to the entire judgment of the court below, the prosecutor did not state the grounds of objection in the petition of appeal or appellate brief concerning the guilty portion.

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