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(영문) 대법원 2016.08.29 2016도9560
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the record, it is justifiable for the court below to maintain the judgment of the first instance court which acquitted the Defendant on the ground that there was no proof of a crime regarding the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts charged in the instant case, on the grounds stated in its reasoning. In so doing, the court below did not err by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal principles on the escape of

On the other hand, the prosecutor appealed the entire judgment of the court below, but the guilty part does not indicate the grounds of appeal against the petition of appeal or the reasons of appeal.

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

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