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(영문) 대법원 2015.02.12 2014도11184
강제집행면탈등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the grounds of appeal by Defendant A in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court is justifiable to have determined that Defendant A was guilty of evading compulsory execution and non-performance of the charges of this case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules

2. Examining the grounds of appeal by Defendant B in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment below, the court below was just in holding that Defendant B was guilty of evading compulsory execution, violation of the Road Traffic Act (measures before and after accidents) and violation of the Road Traffic Act among the facts charged in the instant case on the grounds stated in its reasoning. There were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the establishment of evasion of compulsory execution and presumption of innocence

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

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